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  • FIRST POST
    • Smb3088
    • By Smb3088 6th Jul 17, 6:24 PM
    • 211Posts
    • 23Thanks
    Smb3088
    Pedestrian hit by a car?!
    • #1
    • 6th Jul 17, 6:24 PM
    Pedestrian hit by a car?! 6th Jul 17 at 6:24 PM
    I was out running, and at a stop junction, a car came whistling round the corner at a unreasonable 20mph on the approach. She never stopped despite me screaming STOP and frantically waving my arms for ten metres before she hit me. She was obviously looking left for a car and not looking ahead to see I'd already committed to crossing as no car was approaching when I crossed. She hit me and I rolled over her bonnet and she pushed me into the road. Long story short. I have suffered bad bruising, grazes, scrapes, ligament knee damage and I'm in PAIN. Police breathalysed her and she was fine. I went to hospital and after being discharged I faced a hefty taxi bill, not to mention a parking ticket on my vehicle overstay where I'd parked.

    Is there any ways I can claim expenses for this, off her insurance or her? Please advise me my rights ?
Page 2
    • AdrianC
    • By AdrianC 6th Jul 17, 8:07 PM
    • 15,445 Posts
    • 13,771 Thanks
    AdrianC
    Blimey, I am not saying it was not my fault.... I agree, stupid stupid accident. That could have ended my life. I state, her speed was unreasonable. My crossing was now never to be attempted again!!! Despite having run that route for 4 years. I'll be on the treadmill I think now for life... I'm just asking.. Would a taxi cost from the hospital be too much to ask from her insurance?!?
    Originally posted by Smb3088
    Given that you accept you were partly to blame, will you be splitting costs equally (how does your taxi compare against a bonnet respray), or will you be accepting your costs and they accept theirs?
    • Aylesbury Duck
    • By Aylesbury Duck 6th Jul 17, 8:34 PM
    • 1,115 Posts
    • 1,344 Thanks
    Aylesbury Duck
    Yes, it is. Clearly, they failed at that.

    There's the exact same onus on ALL road users (foot, pedal or motorised) to avoid impact with other road users wherever possible.
    Originally posted by AdrianC
    I completely agree, but I felt that the early responses were solely along the lines of blaming the OP for having the temerity to cross the road and the stupidity for seemingly freezing in the face of oncoming danger. From the OP's description, the driver wasn't paying attention. Both parties could have done more to avoid a nasty accident.

    OP, if you want more valid opinions, stick the street view up as others have suggested.
    • facade
    • By facade 6th Jul 17, 8:36 PM
    • 2,904 Posts
    • 1,482 Thanks
    facade
    Presumably the Police are involved as you are injured?
    No doubt they will be seeking to prosecute the driver for failing to observe the STOP sign as you keep saying that she didn't stop.

    Highway Code Rule 171:

    You MUST stop behind the line at a junction with a ‘Stop’ sign and a solid white line across the road. Wait for a safe gap in the traffic before you move off.
    Laws RTA 1988 sect 36 & TSRGD regs 10 & 16
    Fact is, most "accidents" could be avoided if people looked where they are going.

    I've seen a lot of near-misses and a couple of collisions caused by drivers only bothering to look where they expect traffic to be coming from, rather than where they are actually going.

    Had I been approaching that junction on the main road, I'd fully expect the car to just pull out virtually under my front wheels and be ready to brake. (After which, the driver is so frightened by my appearing from "nowhere" that they cannot exceed 22MPH, and when we arrive at the next junction, they refuse to pull out until the road is clear for 5 miles in both directions......)
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science )
    • Aylesbury Duck
    • By Aylesbury Duck 6th Jul 17, 8:38 PM
    • 1,115 Posts
    • 1,344 Thanks
    Aylesbury Duck
    Presumably the Police are involved as you are injured?
    No doubt they will be seeking to prosecute the driver for failing to observe the STOP sign as you keep saying that she didn't stop.

    Highway Code Rule 171:



    Fact is, most "accidents" could be avoided if people looked where they are going.

    I've seen a lot of near-misses and a couple of collisions caused by drivers only bothering to look where they expect traffic to be coming from, rather than where they are actually going.

    Had I been approaching that junction on the main road, I'd fully expect the car to just pull out virtually under my front wheels and be ready to brake. (After which, the driver is so frightened by my appearing from "nowhere" that they cannot exceed 22MPH, and when we arrive at the next junction, they refuse to pull out until the road is clear for 5 miles in both directions......)
    Originally posted by facade
    The police were involved. They breathalysed the driver.

    As for the stop sign, it's not clear if the accident was before or after the stop sign.
    • pinkshoes
    • By pinkshoes 6th Jul 17, 8:49 PM
    • 15,335 Posts
    • 20,895 Thanks
    pinkshoes
    I'm just asking.. Would a taxi cost from the hospital be too much to ask from her insurance?!?
    Originally posted by Smb3088
    From what you have said, it was indeed an accident. Her travelling perhaps too fast, and you being too hasty to cross perhaps...

    Yes, it would be fine to claim on her insurance in this case, but you would no doubt then need to contact your own insurance as the driver of the car would also want to claim for any damage to her car e.g. Dents and scratches that you caused.

    As it is near impossible to prove liability, then both insurers would have to pay out.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
    • unholyangel
    • By unholyangel 6th Jul 17, 9:17 PM
    • 11,540 Posts
    • 8,668 Thanks
    unholyangel
    I must point out, accidents happen and sometimes as much as we analyse the situation, it happened, I can't change it. I had committed to running over the road, after seeing no cars. and she came round a nasty corner very quickly and suddenly, approaching a stop junction. I expect she looked to the left for a car but at the same time she was swinging the bend to the right. I assumed she'd seen me, and I stopped in the centre of the lanes... But her turn was too wide and she hooked me. I started screaming when I realised her speed had signalled no intention to slow down. When I realised she was coming straight at me.
    It's hard to explain the junction she hit me. I'm not blaming her, apart from I feel her speed should have been more reasonable and maybe If she had not been on a 9am rush time, she'd been more vigilant to stop and may have seen me.
    I had no ear phones on, I had high vis clothes.

    It was not a question of, why didn't I stop!? Trust me, getting hit by a car when I'm a fitness instructor and my living relies on my functionality of my body is not desirable!!! This is like a sentence to me with the injuries!!

    Accidents occur, and what if, what if... I can't think about. I'm just asking, would her insurance cover my taxi home? As ouch, it's been a bad splash of luck.
    Originally posted by Smb3088
    As others are saying, providing the location so we can look at it and get a better idea of where you were, where the car was emerging from etc would likely result in better responses.

    Was she emerging from a junction with a stop sign/line? If so, I'm surprised the police aren't charging her. A stop sign/line means you must bring your vehicle to a complete stop otherwise you're committing an offence - even if the road you're crossing/pulling into is clear.

    By all means contact her insurance and see what they say - you dont ask you definitely wont get.
    Money doesn't solve poverty.....it creates it.
    • boliston
    • By boliston 6th Jul 17, 9:19 PM
    • 2,412 Posts
    • 1,990 Thanks
    boliston
    From what you have said, it was indeed an accident. Her travelling perhaps too fast, and you being too hasty to cross perhaps...

    Yes, it would be fine to claim on her insurance in this case, but you would no doubt then need to contact your own insurance.....
    Originally posted by pinkshoes
    Do joggers need insurance?
    • glentoran99
    • By glentoran99 6th Jul 17, 9:23 PM
    • 4,822 Posts
    • 3,824 Thanks
    glentoran99
    From what you have said, it was indeed an accident. Her travelling perhaps too fast, and you being too hasty to cross perhaps...

    Yes, it would be fine to claim on her insurance in this case, but you would no doubt then need to contact your own insurance as the driver of the car would also want to claim for any damage to her car e.g. Dents and scratches that you caused.

    As it is near impossible to prove liability, then both insurers would have to pay out.
    Originally posted by pinkshoes


    I think it was the stopping in the middle of the road in front of a moving car that did it
    • AdrianC
    • By AdrianC 7th Jul 17, 8:10 AM
    • 15,445 Posts
    • 13,771 Thanks
    AdrianC
    I completely agree, but I felt that the early responses were solely along the lines of blaming the OP for having the temerity to cross the road and the stupidity for seemingly freezing in the face of oncoming danger. From the OP's description, the driver wasn't paying attention. Both parties could have done more to avoid a nasty accident.
    Originally posted by Aylesbury Duck
    Indeed.

    But the actions of one of the two parties were inside the OP's control, while the actions of the other were outside.
    • angrycrow
    • By angrycrow 7th Jul 17, 8:33 AM
    • 387 Posts
    • 298 Thanks
    angrycrow
    Still no street view link from OP, if they can't post links if they give the name of both roads and the town one of the regular posters could put the link up.

    Based on normal pedestrian v car outcomes I would expect a 50/50 not because the insurers are taking the easy option but because of previous court rulings. On a good day OP may get 75% in their favour. The critical factor is which way OP crossed from.

    Only way op will know is to engage the services of a solicitor to pursue a claim. A no win no fee will take up to 25% of the awarded damages so worth OP checking if they have legal cover on their home insurance, business insurance or through any sporting organisation membership as a solicitor instructed this way will not take a cut of the damaged.
    • leespot
    • By leespot 10th Jul 17, 11:02 AM
    • 542 Posts
    • 436 Thanks
    leespot
    It'd be interesting to know what the police had to say about it?
    • mcpitman
    • By mcpitman 10th Jul 17, 1:06 PM
    • 521 Posts
    • 359 Thanks
    mcpitman
    It'd be interesting to know what the police had to say about it?
    Originally posted by leespot

    I assume it was something along the lines of..... you really should look where you are going and if a car is coming towards you, try moving out of they way instead of waving your arms at them.


    On a side note what sense of entitlement does the OP think they have to ask for money for a taxi ride? Does the car driver have a right to a refund on a car clean/polish after someone Cagney & lacey'd it over the bonnet?
    Life isn't about the number of breaths we take, but the moments that take our breath away. Like choking....
    • leespot
    • By leespot 10th Jul 17, 1:08 PM
    • 542 Posts
    • 436 Thanks
    leespot
    I assume it was something along the lines of..... you really should look where you are going and if a car is coming towards you, try moving out of they way instead of waving your arms at them.


    On a side note what sense of entitlement does the OP think they have to ask for money for a taxi ride? Does the car driver have a right to a refund on a car clean/polish after someone Cagney & lacey'd it over the bonnet?
    Originally posted by mcpitman
    Exactly - and I'd have expected them to have done something further if the driver had actually be driving too fast. Just an accident. OP - given your career, don't you have personal insurance to cover for this type of thing?
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