Hitting a pedestrian

gaz06

Hi i had an incedient one the 4th of march and asking for your input on where i stand.. BELOW IS THE EMAIL I SEND SWIFTCOVER MY INSURANCE COMPANY

"To Whom It May Concern

I thought i should inform you in case anything comes of it i had a indecident last thursday the 4th.

I was travelling down a 30mph residental street had to slow down and pull into the centre of the road to over take two parked vans the first being a white one the second being a red high top one,I could have only been doing 15-20mph,Just as i got past 1st van a little girl ran out in front of me from behind the 2nd van so i slammed on the breaks. Unfortunatly i clipped her trailining leg,Obviously i stopped safely further up the road and jumped out to help her. She managed to pull herself across the road and her dad came running out of there house which is behind where the 2nd van(red) is parked and sat her down on his lap and was holding her leg which to be honnest looked a mess.There witness was coming the opposite way on a bike so she rang the ambulance.

Whilst waiting for the ambulance/police the girls mother came out too,both her and the girls dad said that they have been telling the owner of the van for 6months that someone will get hurt soon as its a pain to reverse out and see whats coming when its parked on the road,the man who had possesion of the red van has a massive drive-way too. The father rang this person whilst we we're still waiting he said your f***ing van has caused my daughter to be knocked down quite agresivily

I was obviously quite shook up by it and the witness kept asking if i was ok then the mother asked and she said i couldnt of helped it so did the witness,after the ambulance had come and the police had came and taken my statement and checked the car and breathalized me the father came upto me put one arm round me and said he doesnt blame me at all. Its the person's who's van was parked incorrectly.

Later on a i dropped a get well soon card in to her house but i decided to knock and see if they we're back,the girls grandad and nan where the. They said that they had spoken to the mother and father half a hour before and the girl was going to have a operation as her leg had been displaced badly. They both could see i was still dis-stressed and said i cant blame myself or beat myself up over it.

As said i thought it was a good idea to inform you just in-case. There was no damage to my car at all i had to take the day off work as was abit of a wreck but the important thing is they reckon the girl will make a full recovery. So thats a plus

Thanks"

Okay i sent this and have logged in today to see my own insurance have logged a claim,now the family of the child stated they knew it was'nt my fault and even the police stated the same, Why have my insurance made a claim? Not once did i mention making a claim.

I have rung the insurers today to see whats happening they say they cant close the claim for three months unless the family write to say they wont claim,now i feel abit rude about going and asking for them to do this! I'm sure anyone would be also i dont want to put the idea of claiming into there head. Unfortunatly my insurance is up for renewal at the end of april and i have to swap insurance companies due to swift not covering the new car that im planning on in may---at present my claim says at fault however the girl said she has changed it to notification only,does this mean i still keep my NCB and can set up my new policy with NCB aslong as i inform them of the on-going claim.

Thanks

mattymoo

Gaz, avoid all contact with the other party from now on.

Problem is, they will talk to their mates down the pub who will suggest suing the driver of the car, i.e. you.

Irrespective of how the parents feel about blame now, the story will soon change once they realise how easy it will be to make a claim. Bear in mind as well that they can do this anytime between now and when the girl is 21.

The badly broken leg may well cause her problems later in life, possibly even limiting her career prospects. Potentially the claim, if made, could run into 10's if not 100's of thousands.

The loss of two years NCD is a small price to pay.

gaz06

If i was to recieve a letter from the road traffic collision investigation unit stating that it was not my fault would the open claim be dropped?? I was told that once the 3months has passed that would be it in terms of the claim. is the correct in sorting out my insurance?

benoit

Why did you email them?

gaz06

Swiftcover do it all through email, and i was advised by the police to inform my insurers in-case anything came of it....like i've explained to the advisers there i've been too bloody honnest!!!

mattymoo

gaz06 wrote: »

If i was to recieve a letter from the road traffic collision investigation unit stating that it was not my fault would the open claim be dropped?? I was told that once the 3months has passed that would be it in terms of the claim. is the correct in sorting out my insurance?

The police only view it from the point of view of pursuing a criminal prosecution against you. They would have to prove "beyond reasonable doubt" that you were driving without due care. They probably feel they could not make such a case stick.

The girl and her parents only have to prove "on the balance of probabilities" that you were either completely or partially to blame.
It is unlikely any blame can be placed on the girl - at 6 years old she has little understanding of risks.
Likewise, the owner of the parked vehicle. If it was just parked on the street in a lawful place then there is nothing illegal / negligent in that, despite what the girl's father has said.

So, if they want some money out of this for their daughter, the only person they can pursue is you and your insurers.

gaz06

Latest email,

"Dear Mr Shaw,

It is imperative that you advise any insurance company when an incident occurs, no matter how minor you may think it is. On this occasion you have complied with the policy terms and notified us of same. I can only apologise that the information given to you by my previous colleague was incorrect. At no time would we entertain contacting the third party or their litigating friend in this case, unless we have concrete evidence to suggest that you will not be held 100% at fault for the incident.

For your information, Judges tend to favour pedestrians, especially minors as they are not held responsible for their own actions. It is for this reason we need to obtain as much evidence as possible at an earlier stage to support our defence for any claim that may be intimated in the future.

Sims Field Services will contact you as soon as possible.


I need urgently from you as follows :

• The police details to include the CAD reference number and PC badge details and telephone details.
• What injuries were sustained by the minor?
• Do you have an approximate age/sex of minor
• What kind of clothing were they wearing?
• Were there any independent witnesses, please provide details?
• Was the injured party taken to hospital by ambulance?
• Were you breathalysed by the Police at the scene, was this negative/positive?

With regard to notifying any new insurers, yes this should be disclosed, and this will be an open claim until the matter comes to a conclusion. I have not quantified the reserve, as I am not aware of the age or full injuries sustained. The new insurers will contact your previous insurers as to the number of years NCB you are entitled to.

Accordingly, I await your urgent response.

Your sincerely"

I assume from the indication i have recieved over the phone and via email that the claim will remain dormant until the thrid party put fourth a claim, is this correct?

I am hoping the insurance company wont go chasing a claim

mattymoo

gaz06 wrote: »

I assume from the indication i have recieved over the phone and via email that the claim will remain dormant until the thrid party put fourth a claim, is this correct?

I am hoping the insurance company wont go chasing a claim

Correct.

They will arrange (via Sims Field Services http://www.sims-ltd.com/services.html ) to visit you and take a full evidence statement from you while events are still fresh in your mind.

This will then sit on the file, pending any claim that the child or their parents make. It will sit there for 15 years or so.

Most insurers will leave a file active for a year and then close it off and reinstate NCD if no claim has been received in that time. They will not actively chase these claims unless the evidence suggests you were 100% to blame.

The e-mail author is correct about courts favouring the pedestrian and this is what I was trying to get across in my earlier posts. In fact, the government are planning legislation that will make the motorist liable for all pedestrian and cyclist injuries, irrespective of who is to blame. Real reason is to reduce the NHS / benefit costs from these incidents by transferring it from public sector purse to private sector - the motorists insurers.

gaz06

Right went against what mr fernandes said and advice i had recieved and went to speak to the mother and father direct....checked on the girl mentioned my issue with claiming/insurance and they have written me a letter to send to swift to state they will not be taking it any further or making a claim....

Proves things can still be sorted the old fashion way just hoping the insurers will accept it. Like most parents the girls mother and father both said compensation hadnt crossed there mind!

gordikin

Does a minor not have until they are 16 or 18 years of age or so timewise to make a claim?

gaz06

yeh thats right however in this the claim should be removed due to the legal guardians are not taking it any further