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Unusual Accident
bonnyrigger
Posts: 94 Forumite
in Motoring
Or maybe not...
So here's the scenario, 20:45 on Saturday night driving with the Mrs and one other passenger on our way to local Tescos. Residential streets, all very low speed - 10 mph. There is a closed footpath and roadworks with 4ft high plastic barriers on my left extended more than half way over a junction I want to turn in to - but the street is still open, the closed footpath (and a large hole) extend another 25m into this street.
The actual turn required is more than 90%, probably more like 110%, so I'm taking a wide berth round the barriers into the RH side of the street. As I complete the turn and straighten up my back wheel goes over something. I assume this is a cone etc from the roadworks, I check my left mirror and see a person in the road.
The man was lying in the road alongside the 4ft high barrier and I had gone over his foot. We immediately stopped, went back and checked on him. He was drunk as a skunk and had tripped over the edge of the works and been unable to get back up (nicely hidden by all the 4ft barriers). We called an ambulance, and the police attended as well, the police breathalysed me (clean obviously), and checked my vehicle which of course had no damage as only the back tyre had went over his foot. Police stated it was his fault and I should hear no more about it, they gave me an incident number on my request. I reported it to my insurance on Sunday after nipping back to the scene to take some photos in daylight. I actually found what he tripped over (loose bit of metal/wire sticking up 6 inches).
Any likely insurance or other comeback? The police sent us on our way fairly quickly after seeing the state of the man in question and I have myself, wife and passenger who can say he was not visible/standing. He also said that he had tripped, he was able to walk into the ambulance which is where we left him as the police sent us on our way.
So here's the scenario, 20:45 on Saturday night driving with the Mrs and one other passenger on our way to local Tescos. Residential streets, all very low speed - 10 mph. There is a closed footpath and roadworks with 4ft high plastic barriers on my left extended more than half way over a junction I want to turn in to - but the street is still open, the closed footpath (and a large hole) extend another 25m into this street.
The actual turn required is more than 90%, probably more like 110%, so I'm taking a wide berth round the barriers into the RH side of the street. As I complete the turn and straighten up my back wheel goes over something. I assume this is a cone etc from the roadworks, I check my left mirror and see a person in the road.
The man was lying in the road alongside the 4ft high barrier and I had gone over his foot. We immediately stopped, went back and checked on him. He was drunk as a skunk and had tripped over the edge of the works and been unable to get back up (nicely hidden by all the 4ft barriers). We called an ambulance, and the police attended as well, the police breathalysed me (clean obviously), and checked my vehicle which of course had no damage as only the back tyre had went over his foot. Police stated it was his fault and I should hear no more about it, they gave me an incident number on my request. I reported it to my insurance on Sunday after nipping back to the scene to take some photos in daylight. I actually found what he tripped over (loose bit of metal/wire sticking up 6 inches).
Any likely insurance or other comeback? The police sent us on our way fairly quickly after seeing the state of the man in question and I have myself, wife and passenger who can say he was not visible/standing. He also said that he had tripped, he was able to walk into the ambulance which is where we left him as the police sent us on our way.
:beer::beer::beer:
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Comments
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He may well try to claim from your insurer, but they should send him packing on receipt of the police report.0
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Where there is pain there is a claim - whether or not your insurers fight it or just pay out to save them money on defending the claim if they have a case is another set of calculations. If you receive any correspondence just send it to your insurers.
The police are not able to determine liability after an event - that is for the legal folk who earn £100+ an hour to decide.0 -
I wasn't thinking he would have much chance of a successful claim, however I'm concerned the insurance company may hold it open as a potential claim for x years in case an ambulance chaser picks it up. It's also a pain as I had another no fault incident in March (other party crossed to my side of the road - their insurer paid for everything), and my renewal was just in having gone up £25 from last year.
I have legal protection in the policy anyway but no idea if that helps in this situation.:beer::beer::beer:0 -
bonnyrigger wrote: »I wasn't thinking he would have much chance of a successful claim, however I'm concerned the insurance company may hold it open as a potential claim for x years in case an ambulance chaser picks it up. It's also a pain as I had another no fault incident in March (other party crossed to my side of the road - their insurer paid for everything), and my renewal was just in having gone up £25 from last year.
I have legal protection in the policy anyway but no idea if that helps in this situation.
Your legal protection wont help you in this instance - the insurers have to hold open the claim unless they decide that there is no liability on the strength of your account and the police statement but they did not witness it - you could ask them.
Trouble you may find is you ran over his foot that was in the road, you either didnt see him there or he fell over a couple of seconds before you drove past.0 -
The insurers have to hold the door open until statute of limitations states they are no longer obligated to entertain a claim.bonnyrigger wrote: »I wasn't thinking he would have much chance of a successful claim, however I'm concerned the insurance company may hold it open as a potential claim for x years in case an ambulance chaser picks it up. It's also a pain as I had another no fault incident in March (other party crossed to my side of the road - their insurer paid for everything), and my renewal was just in having gone up £25 from last year.
I have legal protection in the policy anyway but no idea if that helps in this situation.
If a police incident reports states there is no fault on your part, the insurers will defend any claim coming in, that doesn't mean the third party will not be able to claim though or that there is no claim, it just makes the burden that much higher to prove you were negligent in your actions on his representatives side, that they may drop going after your insurer and move to the company and or council for the wire hanging out.
As he was intoxicated, it is your guess he tripped over the wire, where in fact he could have lost his equilibrium and fell over which so happens to be near the area of the wire in the ground, could not get up and or fell asleep there.
I would go back in the night time and take more pictures whilst the area is still being developed so it is "as was" when the incident happened on a "just in case" basis they ask how you didn't see him or reasonably avoid him. Just to back yourself up a bit more to raise that bar a little higher.0 -
Was more than a few seconds he wan't visible above the barriers, we drove along side the barrier for a bit before we turned, he had a scraped face from the trip, he may have been a bit stunned. Really just an unfortunate accident - or fortunate in that if I hadn't been taking a wide line things could have been a lot worse.
In terms of liabilities:
1. He ignored the footpath closed sign. I won't say anything about being drunk as that's allowed!
2. The works (gas I think - yellow pipes) had a trip hazard outside the barriers.
3. With a 110 degree turn at no point was he in the path of my lights.
If he'd been a bit luckier the first car in would have been turning right into the street and would have seen him no problem.:beer::beer::beer:0 -
atrixblue.-MFR-. wrote: »The insurers have to hold the door open until statute of limitations states they are no longer obligated to entertain a claim.
If a police incident reports states there is no fault on your part, the insurers will defend any claim coming in, that doesn't mean the third party will not be able to claim though or that there is no claim, it just makes the burden that much higher to prove you were negligent in your actions on his representatives side, that they may drop going after your insurer and move to the company and or council for the wire hanging out.
As he was intoxicated, it is your guess he tripped over the wire, where in fact he could have lost his equilibrium and fell over which so happens to be near the area of the wire in the ground, could not get up and or fell asleep there.
I would go back in the night time and take more pictures whilst the area is still being developed so it is "as was" when the incident happened on a "just in case" basis they ask how you didn't see him or reasonably avoid him. Just to back yourself up a bit more to raise that bar a little higher.
No it doesn't, the police have decided there won't be criminal proceedings and have nothing to do with liability for insurance purposes.0 -
bonnyrigger wrote: »Was more than a few seconds he wan't visible above the barriers, we drove along side the barrier for a bit before we turned, he had a scraped face from the trip, he may have been a bit stunned. Really just an unfortunate accident - or fortunate in that if I hadn't been taking a wide line things could have been a lot worse.
In terms of liabilities:
1. He ignored the footpath closed sign. I won't say anything about being drunk as that's allowed!
2. The works (gas I think - yellow pipes) had a trip hazard outside the barriers.
3. With a 110 degree turn at no point was he in the path of my lights.
If he'd been a bit luckier the first car in would have been turning right into the street and would have seen him no problem.
It's not it's actually an offence.0 -
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The thing is he may actually have a good case.......against Scottish Gas - but I'm the one with the relevant photos and I don't really want to stir anything up. Nothing to stop him going back and taking a pic or two.:beer::beer::beer:0
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