Car accident today - I don't understand!

blindmouse

Years ago I was involved in an accident with a cyclist who came up my inside and was going straight on as I was turning left, I knocked him off his bike, police were called and statements taken. Few weeks later I got the all clear from the police, yet insurance company witheld my no claims for a year on the basis he 'might' claim for up to 3 years if I remember rightly. He never did and it was reinstated the following year......

tandraig

I used to work as a canvasser for a firm of ambulance chasers so perhaps i am coming from this from a different angle.
To make a claim against a motorist in these circumstances would be difficult (but not impossible)
firstly it could be argued you had seen the boy in time to stop and allow him to continue crossing the road (but he says himself he changed direction and ran into your car)
second - how fast were you going (you have already stated you were braking - so my guess would be under the speed limit)
am trying hard now to think how i would twist this so you were at fault (which is what ambulance chasers do) the only thing i can come up with would be if you were not paying attention as in on mobile phone or were under the influence of drink or drugs - and i suspect the police have already established that you werent.
you have informed your insurance company which is good, but are scared because they want to contact the pedestrian - probably to assure themselves there isnt going to be a claim against them in future! the insurance companies know full well how ambulance chasers work and in my opinion are guarding against a future claim. and as the lad is as you say only fourteen he has another 7 years to decide whether to try to claim against you!
if i was the ambulance chaser - personaly I wouldnt touch this one with a barge pole - but there are many others out there who werent as ethical as me! I never knowingly put in a claim unless i believed the client was truly wronged - probably why i didnt last even a year in that job!

lyndorset

DirectDebacle wrote: »

pedestrian always has the right of way.

Thats the crux of it It used to be ok to run em over dident it?!

DaveMacD

DirectDebacle wrote: »

The golden rule is the pedestrian always has the right of way.

The problem is that while in law you are right, too many pedestrians behave as though it's an absolute with no consideration of the fact that there is no point being dead, but in the right.

tandraig

DirectDebacle wrote: »

Crikey, never realised it used to be legal to mow down pedestrians.:D

By and large I agree with your post. A short horn warning would have alerted them of her presence and would probably have avoided the accident.

The golden rule is the pedestrian always has the right of way.

Not in the Highway Code when I last looked, but should be.

as you say - its not in the HIGHWAY CODE.

so why are people posting as if it is?
as i understand it - pedestrians have the right of way on zebra crossings or light controlled crossings
but, you cant just mow down pedestrians at whim, if you can avoid them.
according to the OP - they slowed down and the pedestrian then changed direction and hit the OPs car. the car ran over their foot.
seems to me a pure accident - the oP didnt do anything wrong.

boliston

Eric_Pisch wrote: »

we need to bring the Indian system in, Might has right, if you get squished by something bigger than you its your fault. Works for ships as well.

Like this poor cyclist on liveleak (don't look if squeamish!) http://www.liveleak.com/view?i=f99_1251158109

DaveMacD

boliston wrote: »

Like this poor cyclist on liveleak (don't look if squeamish!) http://www.liveleak.com/view?i=f99_1251158109

The ultimate in dieting... Ok that was a pretty thin link.....