Hit a pedestrian

lisyloo

The woman ignored the red light and was literally RUNNING toward us. What can we do ?

My FIL had a similar experience.
So I will tell you about it in case it helps.
He had a man running with greyhounds (training them) running across the road.
He was doing 30 in a 60 zone, so no question of driving too fast.
The police attended (main road) and there were witnesses.

My FIL made a comprehensive claim and got it sorted. They had to pay £120 excess.
The insurers would not go after the pedestrian for fear of provoking a much more expensive personal injury case.
After 18 months the pedestrian made a personal injury claim. Insurer said no.
We then had to wait the full 3 years for him to run out of time. He did not pursue it to court.
We asked for my FILs excess to be pursued. The legal cover paid the £120 back direct. So in effect agreed my FIL was not to blame but it was cheaper to just write a cheque than pursue the man.

So, I would say, do not expect your insurer to pursue her.
I KNOW this is unfair and you have my sympathy, but they won't want to provoke an expensive claim from her.
This is morally wrong, but insurers aims are to cut costs.
You may well get a claim from her.
You might have to wait 3 years whilst her solicitor calls your bluff.
If you have legal cover you might have a chance of recovering all your costs in 3 years time.

So, sorry but I think you are in for a long wait.

I know you cannot avoid everything, but some advanced training will help you look our for and avoid some hazards and stupid people.
I ride a motorbike and that means I am interested in avoiding ALL accidents, even those where it's not my fault and the other person is being a complete numpty.
I really believe in advanced training. I have done 2 tests and I'm continuing to train, because I do believe that most accidents can be avoided by ANY party and as I'm the one at risk on my bike, I have chosen to take on that responsibiity.
I am getting further training from the police in August at my own cost. This is costing me hundreds of pounds and that's not really fair that I should have to pay for that because other people are numpties, but I consider it worthwhile.

So sorry, I completely understadn it's unfair.
I probably understand more than you being a biker, because I don't have the safety of a metal cage.
But it's a reality so DEAL with it.
That's not meant to sound harsh, but the alternative of being dead or maimed if much worse from my (biking) point of view. It's possibly felt less keenly by car drivers but the same arguments apply.

Yes it's not fair. But if your dead you can't argue.

GEEGEE8

Motorbike rider too, totally agree. On a bike you can't afford to be hit, fault or not, you aren't protected by a metal cage (car).

I really think it's unfair how the OP loses out tho. Very poor really.

Good post lisyloo!

cogito

So basically pokopoko's partner had no clear view because of the Ford Transit, made no allowance for the possibility that a pedestrian might try to cross regardless of the light being red and decided to proceed all the same.

I doubt that a court would have much problem in deciding who was to blame.

lisyloo

I doubt that a court would have much problem in deciding who was to blame.

There is certainly a higher level of responsibility attached to the car driver
i.e. if you want to drive 1/2 ton metal around the streets you are expected to take more care than say a pedestrian or cyclist.
Sorry but thats' the view.
I think of it as bit like "running with scissors".
Might sound like a strange analogy, but if two kids were running around and one was running with scissors and there as an accident, then who do you blame.
Probably the one with the scissors.
Becuase they had the "lethal weapon" and therefiore should have taken greater care.

I am afraid the courts will "side" very mcuh with the pedestrian on the duty of care issue.
Same could be applied to my FIL but we would claim that driving at 30 in a 60 was exercising a duty of care in line with the hazards around e.g. side roads.

pokopoko

She was aware of potential danger and slowed down. But, this woman made beeline dash to the side(just before wing mirror) of my partner's car. It's not head to head collision. How to avoid a pedestrian jumping into the side of car in motion ? It's 30 zone and my partner was driving between 15-20 in very slow traffic. She should have driven a bit faster or need a car that moves like a crab.

lisyloo

So have you asked your insurer to reover losses from her?
What have they said?

Have you consulted any free legal advicec you have?
What have they said?

It's all very well getting opinions from here, but you need to know what the professionals are prepared to do.

C_Mababejive

I stand by my previous post no 7.

Its tough on the OP and really,they should be able to get some recompense but this particular aspect of life isnt fair and as others have said...there is a danger of a personal injury claim which needs to be avoided/not provoked.
The pedestrian has probably already been prodded by friends i.e "why didnt you claim" blah blah blah..

Not saying its fair...it isnt....

lisyloo

I'm not sure I agree with your comment on

You have no recourse.

I have had personal experience and my FIL did "win" the case and get all his money back in the end (albeit direct from the insurer as they couldn't be bothered to pursue the small amount outstanding).

I do agree that the benefit of the doubt is very definitely NOT on your side as a car driver BUT havign had personal experience to the contrary I don't agree you have NO recourse.
If there is a clear case of negligence on the part of the pedestrian then you could make a complaint to the insurance and take it to the independent ombudsmand if they just can't be bothered to pursue.

Obviously it's difficult to say without the evidence, hence I think the OP needs to understand her insurers position and reasons for it and the posistion of legal advisors before proceeding.
So far we have no indiciatiom that this has been dicussed with any of the professional parties.

adamc260

Pursue her direct, send her a letter asking she reimburse you

If that fails, request details of her insurance company (home insurance) and pursue them

You've got nothing to lose?

After all, she was negligent and jumped out in front of you causing a loss that you didn't cause... why should you suffer for it!

lisyloo

There are quite a few problems with that sensible but rather simplistic approach Adam.

She could easily just ignore letters.
She may not have insurance.
If she is pursued legally without taking proper legal advice on whether it's a winnable claim then you risk losses.

First step - find out why insurance hasn't pursued it.
It might simply be to keep costs down, but they might have valid legal reasons.
Call any free advice tand spek to them.

It would be silly and could possible prejudice the case if you take steps without getting advice first.