Hit a pedestrian

pokopoko

lisyloo wrote: »

Perhaps she should take an advanced driving course.

or she should take an advanced walking course ?

lisyloo

or she should take an advanced walking course ?

No.
NOT equivalent I'm afraid.

What we have been trying to tell you is that law does not consider the responsibilities of pedestrians to be the same as those of car drivers driving 1/2 ton of metal around.

Now you may think that's unfair - and to a degree I sympathise.
However, because it's a true fact of our legal system, you (or your friend) would be well advised to take it on board.
There is absolutely no point your insurance pursuing the person if legally they won't win the case.
You need a very strong case to win against a pedestrian and because of the van which is obviously a hazard, I don't think there is a strong case here.

My FIL did not win his case, but because he had legal insurance they refunded his costs.
Have you onsidered talking to your insurer/legal insurance about your uninsured losses?
If they are a good insurerer there is a possibility they might do the same.

pokopoko

Hello People,

Do you remember me ?

The woman who put our life in a temporaly misery has returned with her solicitor ! Apparently, she changed her mind and now wants money. We sort of predicted this to happen and now she is making a claim against us. The woman is, in fact, a student and is claiming not just her injury but also loss of income(?).
These people are equipped with full of imagination and tell you, they can be a really good fictional crime writer ! Their story is really different from true event ! OMG !

We sent the letter from her solicitor to our insurer.

will let you know how this event progress.

lisyloo

Sorry to say, but she there is doubt in my mind that she will win.

pokopoko

OK, we received email from our insurer today.

Unfortunately, an eyewitness decided not to give his witness statement for whatever the reasons.

Our insurer told us that their proposal is to accept 30% liabilility and 70 % the pedestrian.
This is their out of the court settlement proposal.

It is shame that the eyewitness has decided to not give the statement......

lisyloo

Our insurer told us that their proposal is to accept 30% liabilility and 70 % the pedestrian.

Be aware that's a first offer.
I expect both sides are maybe looking at 50/50.
Certainly it's perfectly normal for there to be negotiation after the first offer.
Your insurers are taking a pragmatic least cost route as going to court will cost a lot of money.
I doubnt very much the first offer will be accepted. It's almost standard not to accept a first offer.
The other side will know it's not the bottom line and that your insurers will be expecting to go highher.