Motorcycle RTA - Pedestrian at fault, how do i recover costs?

kooli9

hello

I had a motorcycle accident last week were a pedestrian ran out across several lanes of traffic and collided with me.

I have video and 3 witnesses that say i was not at fault. This is currently being investigated by Met Police.

My insurance are very happy for me to claim on my own policy but have said as it was a pedestrian, who are generally uninsured they have no way to recover the costs and therefore the claim would go down as at fault. This was further reiterated by the police office travelling in the ambulance with me when he said "it may have been better off if a car hit you"

As is stands my bike is due to be assessed and most likely written off to which i will get a low estimate pay out minus £650 excess. This is not be even close to replacing.

If i buy the bike back and fix, I'm still left with a written off bike.

I could cancel the claim but then have to pay for all repairs (it mainly the plastics)

The other aspect is I have very bad neck, back & shoulder pain (couldn't move after accident, paramedics thought i'd damaged my c-spine) which will need physio. Again more costs.

How do i go about recovering my costs from the third party? Is there any organisations that can help? (MIB only deal with vehicles)

What should i do regarding the bike? claim or not?

angrycrow

Sorry to bring further bad news but if the pedestrian crossed several lanes of traffic before you collided with the pedestrian liability is not clear cut. If the pedestrian claims for injury you could easily see liability settle 75/25 in their favour unless they were intoxicated. The greater duty of care rests with the motorist to watch for vulnerable pedestrians doing stupid things like running across the road.

Recovery prospects against the pedestrian are virtually nil and an attempt to claim is likely to result in a counter claim.

Best to claim on your policy and accept the excess is gone and no prospects to pursue the injury claim.

FatherAbraham

kooli9 wrote: »

hello

I had a motorcycle accident last week were a pedestrian ran out across several lanes of traffic and collided with me.

I have video and 3 witnesses that say i was not at fault. This is currently being investigated by Met Police.

My insurance are very happy for me to claim on my own policy but have said as it was a pedestrian, who are generally uninsured they have no way to recover the costs and therefore the claim would go down as at fault. This was further reiterated by the police office travelling in the ambulance with me when he said "it may have been better off if a car hit you"

As is stands my bike is due to be assessed and most likely written off to which i will get a low estimate pay out minus £650 excess. This is not be even close to replacing.

If i buy the bike back and fix, I'm still left with a written off bike.

I could cancel the claim but then have to pay for all repairs (it mainly the plastics)

The other aspect is I have very bad neck, back & shoulder pain (couldn't move after accident, paramedics thought i'd damaged my c-spine) which will need physio. Again more costs.

How do i go about recovering my costs from the third party? Is there any organisations that can help? (MIB only deal with vehicles)

What should i do regarding the bike? claim or not?

Your bike has been written off, and you stand to take a loss.

Why buy comprehensive insurance in the first place if you're not going to claim in such circumstances? If the Insurance payout is too low for a written-off vehicle, then you should probably stop buying the comprehensive version of cover.

If you can prove liability, then you could sue the pedestrian, who might have some assets to pay you with, if you win. See a solicitor if you want to go that route.

kooli9

Liability is definitely with the pedestrian.

Two lane going opposite had flowing traffic.
No central reservation.
Right lane had slow moving traffic. (He emerged from the front of a HGV, so didn't look before running out)
Left lane ( which I was in) had flowing traffic.

Two crossings available either side approx 300 yards away each.

As for the claim I've cancelled it. The max value insurance would give is £4000 (which they won't) minus £650 excess plus whatever they want for me to buy bike back. Probably barely enough for me to fix plus left with a write off and premiums going up. Even if didn't buy my bike back still would have nearly enough to replace.

I'll just take it on the chin and cover the repair.

I've requested the 3rd party details under section 35 and will pass this on to my solicitor to check to see if the pedestrian has any cover. If he does then great if not then so be it

kooli9

FatherAbraham wrote: »

Your bike has been written off, and you stand to take a loss.

Why buy comprehensive insurance in the first place if you're not going to claim in such circumstances? If the Insurance payout is too low for a written-off vehicle, then you should probably stop buying the comprehensive version of cover.

If you can prove liability, then you could sue the pedestrian, who might have some assets to pay you with, if you win. See a solicitor if you want to go that route.

Generally when I've had an accident which wasn't my fault involving other vehicles I've been fully covered by my insurer.

This pedestrian malarkey is new to me and should be a big fat asterisk on fully comprehensive policys as I would appear no one is covered.

I would humbly accept claiming on my own policy and dealing with the after if the collision was my own fault. (I do take your point and will consider 3rd party next year)

I was put into hospital through no fault of my own for suspected c spine injuries which could have been "life changing". None of my injuries will be addressed by my own insurer (which I'll need extensive physio for) on the same basis that they have no entity to claim from and do not participate in civil matters.

We all pay into MIB as part of our policies why is there no equivalent for pedestrians???

Seems like there a big gap there. Which will be more prevalent in cities where everyone walk around distracted or think their invincible

FatherAbraham

kooli9 wrote: »

Generally when I've had an accident which wasn't my fault involving other vehicles I've been fully covered by my insurer.

This pedestrian malarkey is new to me and should be a big fat asterisk on fully comprehensive policys as I would appear no one is covered.

I would humbly accept claiming on my own policy and dealing with the after if the collision was my own fault. (I do take your point and will consider 3rd party next year)

I was put into hospital through no fault of my own for suspected c spine injuries which could have been "life changing". None of my injuries will be addressed by my own insurer (which I'll need extensive physio for) on the same basis that they have no entity to claim from and do not participate in civil matters.

We all pay into MIB as part of our policies why is there no equivalent for pedestrians???

Seems like there a big gap there. Which will be more prevalent in cities where everyone walk around distracted or think their invincible

It sounds like you should buy a personal-accident policy.

Confused765

Believe every word AngryCrow tells you.

As a 15 year old cyclist I was seriously injured in a collision with a car which was totally my fault...
Or was it?

Towards the end of my lengthy rehabilitation I received a letter from his insurers demanding I pay his £550 excess.

Upon taking legal advice it was pointed out that I was actually only 60% to blame, and successfully sued the driver for £10k

Jlo31

Most household contents insurance have liability cover for the family that live there so if you could prove it was the pedestrians fault you could due them and the liability cover me the cost.

The difficulty is proving fault and knowing if the pedestrian has a home Insurance policy.

molerat

You have now a recorded incident, your premium is likely to go up regardless of a claim.

Jlo31

I think the clause is if the household person is using a motorised vehicle... Not if they are cycling or walking.

I may be wrong though.

kooli9

FatherAbraham wrote: »

It sounds like you should buy a personal-accident policy.

I did. But found out only covers loss of limb and that sort