Accident with a pedestrian

chanz4

get a quote from chips away, a lot cheaper than body work shops and mirrors can be around £350-500

picklepranks

You should have written her a note at the time:

Dear X, I know you're recovering from a broken arm but here's a bill for £1000 for the damage caused to my car. Please pay up by 1 January.

mikeyranson

P.s. Merry Christmas!

Jumblebumble

mikeyranson said:

I had an accident today where a jogger ran into the side of my car. Damage to my car is minimal with damaged paint along the wings and door pillar and a broken wing mirror where she collided with me.
Without going into much detail, a bus was in the right hand lane make a right turn correctly. I was in the left hand lane going straight on correctly. Both myself and the bus had a green light. The pedestrian crossing at this point had the red man indicating to pedestrians not to cross.
Just as i came alongside the front near side corner of the bus, two joggers suddenly appeared with one of them bouncing of my car. She landed on floor, i stopped immediately and went to her aid.

The police arrived doing all their thing, everything checking out good with all witnesses blaming the jogger for the incident, as well as my own dash cam showing the full incident very clearly.
The police advised me to contact my insurance which i have and they have declined to get involved with a non vehicle accident. I have fully comp cover, legal expenses and everything else that goes with it to cover my backside.
I have the girls address so what is my best move? I'd like to contact her and offer her the chance to pay for my damage between myself and her privately.

What if she refuses to pay for damage?
What if she agrees, then i get the work done then she refuses?

What would be my next move? Solicitor, small claims?
She has a suspected broken shoulder which has only come out of plaster in the last three weeks from a previous accident.
She has admitted to the police that it is all her fault and not mine, so hoping that she will go along with my claim for my damage. She seems a decent enough lady.

Advice appreciated

Hmm
I have seen an almost identical case in the press where the insurance company are of the view that the driver is 30-40% to blame
Driver's name is Mike by coincidence
https://www.dailymail.co.uk/news/article-7924297/Drivers-insurance-firm-says-partly-blame-hitting-jogger-crossing-road.html

tempus_fugit

Almost certainly the same case as the circumstances and the comments are exactly the same. I think the joggers are largely at fault but I do have sympathy with the notion that drivers should proceed with care in a situation like this, especially in a busy city. It seems to me that a lot of drivers have a sense of entitlement, and I say that as a car driver myself.

Penelopa.Pitstop

I don't know how drivers could proceed with more care if they have green light, driving slowly, etc. I slow before pedestrian crossing without lights, to make sure someone is not obscured by cars driving or stopped on other lane but you can't stop at every green light to make sure there's no pedestrian hiding somewhere. Someone will drive in your rear, if you do that.

People are stupid and I see suicidal tendencies in pedestrians quite often. I don't know if they lack self-preservation or imagination what may happen if they jump out in front of moving traffick from behind the bus or lorry/van that waits to turn on junction.

It would be good to get update from the OP.

mikeyranson

Thanks everyone.

UPDATE. It is still being investigated by the police. The insurance is now getting involved as i had legal cover. Normally they wont get involved with non vehicle accidents. The insurance is currently bouncing letters back and fore. They advised me not to make contact with the jogger an dthat they will do so. I would have liked to have given the girl the opportunity to cover my losses rather than the legal red tape. I'm still waiting on the insurance to give me an update.

lisyloo

My FiL had an accident with a man running with greyhounds.
difficult to believe I know but the man wrote off the car with his head as he dented the safety cage.
the insurer would not peruse the pedestrian for fear of provoking an injury claim.
there was an injury claim from the pedestrian which the insurer repudiated and it went away (after 3 years limit).
it was a while ago and I’m a bit vague but I think the insurer refunded the excess as a good will gesture as they chose not to pursue the pedestrian (it wasn’t a big excess).

in your position I would expect a refusal and possibly and injury claim.
the police are not interested in civil matters so won’t help once they decide there is nothing criminal even in providing statement that could help you - they simply won’t provide the admin help to show what she said (they don’t have the resources)

sorry but it’s generally not a good position to be in if you hit pedestrian or rather one runs into you
my experience beyond that single incident is that insurers will not peruse pedestrians (they aren’t necessarily insured and may be unable or unwilling to pay)

Boohoo

mikeyranson said:

Thanks everyone.

UPDATE. It is still being investigated by the police. The insurance is now getting involved as i had legal cover. Normally they wont get involved with non vehicle accidents. The insurance is currently bouncing letters back and fore. They advised me not to make contact with the jogger an dthat they will do so. I would have liked to have given the girl the opportunity to cover my losses rather than the legal red tape. I'm still waiting on the insurance to give me an update.

Maybe you should ask her to join the MSE forum so she can see what you have said about the accident and let her have her point of view.

mikeyranson

The girl admitted it was her fault, there were witnesses who also gave statements that it was her fault. Dashcam footage also shows it was her carelessness. Bus dashcam also shows it was her fault. what is your point?

GS..

First thing I would do is get it repaired to my satisfaction, then at least you're benefiting straight away and you have the actual costs of the 'damages' to claim, or for the judge. There's absolutely no benefit in waiting to see if you'll get paid