Not my fault, but I'm left with the bill

magpiecottage

Take some legal advice by all means but do also write to the personal legal representatives gently explaining that whilst you have every sympathy for their loss, it was his fault and you have suffered financially as a result and will therefore wish to claim against his estate.

That way they know there is a potential liability which must be addressed before the estate is distributed.

Pincher

If a tree fell in front of your car, you could sue the council, because a council can't run away. The party that was negligent is dead, which is the ultimate escape act.

The Legal Assist is just a referral to ambulance chasers, which is EXACTLY what you want. Unfortunately they like easy targets, and this is not. If you can get one that is willing to take it on, it will be pretty unpleasant for the executor of the deceased.

With no one else to blame, and recover the damage from, the claim will be at fault. I had a run in with a large piece of scrap metal because I couldn't swerve, which would have caused a multiple pile up on a busy three lane dual carriage way. I had to claim against my policy, and you can argue until you are blue in the face, all the insurance companies regard it as me at fault because no recovery was made against another party. I had to suffer four years of high premium, until the claim went over the claim history horizon.

magpiecottage

Pincher wrote: »

If a tree fell in front of your car, you could sue the council, because a council can't run away.

You could but it may not be the council's tree - and even if it is, it may not be the council's fault.

The party that was negligent is dead, which is the ultimate escape act.

Not really. As has been said, a claim can still be made against the estate.

The rest of your post is also inaccurate. If the OP can demonstrate that the deceased was at fault then they become a creditor of the estate. If it has sufficient assets then the executors must pay them before distributing the estate.

Pincher

magpiecottage wrote: »

You could but it may not be the council's tree - and even if it is, it may not be the council's fault.

The point is having a target to sue, not whether you have a case. People who trip on pavements shouldn't sue the council, but they do.

magpiecottage wrote: »

Not really. As has been said, a claim can still be made against the estate.

Which is not an easy target, so it will be difficult to get an accident claim vulture to take it on. The ones that do, intend to make the OP pay for legal expenses when they cannot extract anything out of the estate. Even with Legal Assist, the insurers could refuse to pay out by saying they don't think there is a good chance of winning.

magpiecottage wrote: »

The rest of your post is also inaccurate. If the OP can demonstrate that the deceased was at fault then they become a creditor of the estate. If it has sufficient assets then the executors must pay them before distributing the estate.

Hence it will be unpleasant for the executor, however you express your condolences.

Debt_Free_Chick

Just bear in mind that the Estate will need to have sufficient assets in order to make a payment. There's no guarantee that you'll get anything at all.

rs65

Debt_Free_Chick wrote: »

Just bear in mind that the Estate will need to have sufficient assets in order to make a payment. There's no guarantee that you'll get anything at all.

If he had insurance at the time then the estate will have sufficient assets.

Dave101t

I know it's in bad taste, but it's true.
If I'd killed someone (you have), id be happy to think it only cost 700 and not my freedom on a manslaughter charge.

starrystarry

Dave101t wrote: »

I know it's in bad taste, but it's true.
If I'd killed someone (you have), id be happy to think it only cost 700 and not my freedom on a manslaughter charge.

That's not in bad taste but neither is it true. OP didn't kill him, he walked out in front of the car. He died as a result of colliding with OP's car.

bouncydog1

You may have legal expenses cover through your employer or union so perhaps worth investigating?

rudekid48

Personally I'd take the hit in my pocket.

Although the OP is blameless, I've got no doubt that this tragedy will leave a mental scar. I would not want to run the risk of adding to that mental scar by knowing that I had added to the misery of the deceased's family by subjecting them to a legal claim against the estate.

This doesn't mean that I don't agree that the OP has the 'right' to recourse - I just wouldn't want it on my conscience...