Car insurance - personal accident claim up to 3 years 31 July 2022 at 1:29PM in Insurance & life assurance 4 replies 121 views

Mandsjh

I had an accident with a pedestrian. I was turning off a main road into and he was collapsed in the middle of the road just after the turning. I couldn’t see him prior to turning and he was almost below my eyeline before I did see him. I slammed my breaks on. I was driving slowly due to turning. Certainly not without due care an attention. I wasn’t sure if I got him or not. I was very shook up and he was bleeding from the nose and also in shock. 

There were several witnesses. The first over said she’d watched him collapse and bang his head seconds before I turned in. She says I didn’t hit him. A construction either said I did. The paramedic that attended said no signs of being hit. We exchanged details (witnesses and me), I logged it with the police and called my insurance. I was driving my husbands car as a named driver so he called his too. We said it was a none injury accident. 

Several weeks later and the police have called to say he did sustain injuries that wouldn’t have been visible immediately and confirmed that the case is likely to be filed as an accident. This is devastating obviously but leaves me a few practical questions too. 

1) do I need to tell my insurers anything more right now? I’ve got I for from a chat with a policeman. No claim has been made against me yet. 

2) for a personal injury claim I believe he has 3 years to pursue this. How does that work with an annual car insurance policy? Do I need to remain with the same insurer for 3 years to ensure continuity? 

3) the police man said he was struggling to get hold of the witnesses but felt confident there would be no charge of driving without due care and attention. What happens if they do find me guilty of this

4) the injured guy was adamant I drove off without stopping. This is blatantly untrue. He was elderly and in shock. I didn’t give him my details as an ambulance took him away. If the police fail to get in touch with the witnesses might his claim I didn’t stop be pursued? 

rigolith

At the moment you don't need to do anything. The police may have an opinion, but unless he submits a claim to your insurance or they device to prosecute (very unlikely) as far as you are concerned there was no collision.

Don't worry about his false claim that your drove off, there are witnesses and you reported it at the time. It's clearly nonsense.

If he does start a claim, I think he will have difficulty getting anywhere. Maybe his claim that a car hit him and drove off is true, just not your car...

400ixl

At the moment, you do need to do something. You need to get in touch with your insurer and let them know what happened, an incident occurred which could have a future claim, so you need to let them know.

You won't have to remain with the same insurer, but make sure you keep the details of who you were insured with and what the policy number was in case it is needed in the future.

Mandsjh

I told my insurers and my husbands insurers at the time it happened my version of events I believed I had not hit him and 2 witnesses backed that up. 

All that is happened since is a police officer is investigating and called me to tell me what’s going off. He’s contacting witnesses and believes it will be filed as an accident. Unlikely to be driving without due care. 

The only development is that the policeman said the guy does have injuries so impact was made. 

DanDare999

Mandsjh said:

I had an accident with a pedestrian. I was turning off a main road into and he was collapsed in the middle of the road just after the turning. I couldn’t see him prior to turning and he was almost below my eyeline before I did see him. I slammed my breaks on. I was driving slowly due to turning. Certainly not without due care an attention. I wasn’t sure if I got him or not. I was very shook up and he was bleeding from the nose and also in shock. 

There were several witnesses. The first over said she’d watched him collapse and bang his head seconds before I turned in. She says I didn’t hit him. A construction either said I did. The paramedic that attended said no signs of being hit. We exchanged details (witnesses and me), I logged it with the police and called my insurance. I was driving my husbands car as a named driver so he called his too. We said it was a none injury accident. 

Several weeks later and the police have called to say he did sustain injuries that wouldn’t have been visible immediately and confirmed that the case is likely to be filed as an accident. This is devastating obviously but leaves me a few practical questions too. 

1) do I need to tell my insurers anything more right now? I’ve got I for from a chat with a policeman. No claim has been made against me yet. 

2) for a personal injury claim I believe he has 3 years to pursue this. How does that work with an annual car insurance policy? Do I need to remain with the same insurer for 3 years to ensure continuity? 

3) the police man said he was struggling to get hold of the witnesses but felt confident there would be no charge of driving without due care and attention. What happens if they do find me guilty of this

4) the injured guy was adamant I drove off without stopping. This is blatantly untrue. He was elderly and in shock. I didn’t give him my details as an ambulance took him away. If the police fail to get in touch with the witnesses might his claim I didn’t stop be pursued? 

Unless there was damage then there wasn't an accident.