Civil claim after accident

rs65

Mercdriver wrote: »

The risk of taking on someone without insurance who might not be able to afford to pay a high claim plus costs

Most people who have home contents will be insured.

EdGasket

rs65 wrote: »

Most people who have home contents will be insured.

Not for motor-related claims though I think you'll find.

InsideInsurance

1940sGal wrote: »

My question is, based on the fact that the police have said they're happy that it was the woman's fault and she shouldn't have stepped out on him, are they likely to get far with this claim?

The police dont even have 30 seconds of training on liability as it is a civil matter. They deal with criminal matters and anything they mention on civil matters is untrained and uninformed personal opinion.

Speak to any claims handler and one of their biggest bugbears is police giving these kinds of opinions as they are frequently based on pub law and wrong.

A motorist hitting a pedestrian will almost always be held at least partially liable for the incident. He admitted he saw her waiting to cross the road and so should have been prepared for the risk that she crossed particularly as he noted she was old and so may have more challenges spotting a bike front on with poor eyesight and hearing.

Stoke

InsideInsurance wrote: »

The police dont even have 30 seconds of training on liability as it is a civil matter. They deal with criminal matters and anything they mention on civil matters is untrained and uninformed personal opinion.

Speak to any claims handler and one of their biggest bugbears is police giving these kinds of opinions as they are frequently based on pub law and wrong.

A motorist hitting a pedestrian will almost always be held at least partially liable for the incident. He admitted he saw her waiting to cross the road and so should have been prepared for the risk that she crossed particularly as he noted she was old and so may have more challenges spotting a bike front on with poor eyesight and hearing.

This did cross my mind when reading this. Did he slow down at all, anticipating the lady making a run for it? I find at pedestrian crossings people like to have a jog, so I will lean off if I think they're going to.

1940sGal

I've just spoken to Dad and he did inform his insurer at the time of the accident.

He said he was practically at a standstill when the pair collided. He did see her and he did brake and he wasn't speeding. She's left it until the last minute to cross, evident by her 'making a run for it' as dad said.

Marktheshark

What he says wont really matter, he ran a pedestrian over that was in the road.
His insurance have a Third party liability under the RTA for injuries to the victim,
What percentage of liability will be decided upon.

All he can do is let the insurance deal with it.
Down to life experience unfortunately.

1940sGal

Marktheshark wrote: »

What he says wont really matter, he ran a pedestrian over that was in the road.
His insurance have a Third party liability under the RTA for injuries to the victim,
What percentage of liability will be decided upon.

All he can do is let the insurance deal with it.
Down to life experience unfortunately.

He's hardly run her over has he. She has run out in front of him and he has clipped her as he's come to a stop.

rudekid48

1940sGal wrote: »

He's hardly run her over has he. She has run out in front of him and he has clipped her as he's come to a stop.

I wonder if you would be as forgiving if it was the other way around?


As others have said, your Dads insurance will deal with the lady's claim and decide on liability. The opinion of the police will be irrelevant as far as the claim is concerned. Most cases like this will be settled by the insurer as early as possible to keep costs down.

Stoke

rudekid48 wrote: »

I wonder if you would be as forgiving if it was the other way around?


As others have said, your Dads insurance will deal with the lady's claim and decide on liability. The opinion of the police will be irrelevant as far as the claim is concerned. Most cases like this will be settled by the insurer as early as possible to keep costs down.

To be honest though, personal responsibility has just gone out of the window nowadays. She shouldn't have run across at the last minute really.

bigjl

Police opinion would have been from the criminal perspective.

When they said they didn't consider it your dads fault they likely meant they didn't think he was driving without due care or speeding.

I suspect from a civil point of view your father will have some responsibility for the collision. As he should have been able to take into consideration the pedestrians actions. Wether that be fair or not it is the way I suspect it will go.

The civil action is likely to have been auctioned by the relatives rather than the pedestrian.

Another case for having a camera mounted on your car/motorbike/helmet.