Car Insurance Legal Cover while a Pedestrian

I have a comprehensive car insurance policy with Hastings which includes legal cover. My car was parked at home and i was walking as a pedestrian and hit by a car at high speed. I suffered severe injuries. I called Hastings and was initially told that as i was not in the insured vehicle then it was not covered. So i went to another Solicitor and have signed a no win no fee deal.
But I have read the policy from Hastings and it says 
Legal costs up to £100,000 for certain types of disputes resulting from a road traffic accident

What is covered: This policy covers legal costs up to a maximum of
£100,000 to recover losses not covered by your motor insurance
and to pursue compensation for personal injury if you are involved in
a road traffic accident that is not your fault. Damages will be
claimed against those whose negligence caused the road traffic
accident. Cover is also provided for legal costs to defend
prosecutions arising from a motoring offence

There is no mention of me having to be inside the vehicle named on the insurance documents.

I have tried to call Hastings again and now being told that its too late because i have approached a different solicitor.

Does anyone know if i should be insured for legal expenses as i pedestrian hit by a car?
Or would it be only if i was inside the insured vehicle as Hastings originally said?

Comments

  • user1977
    user1977 Posts: 17,318 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    edited 21 December 2024 at 4:02PM
    "Road traffic accident" is in bold in the policy which means it's a defined term. They define it as "A road traffic accident in the countries listed in territorial limits involving the vehicle during the insured period which is not your fault and for which another known insured party is at fault", and "vehicle" here means the vehicle insured by the policy.

    So no, it wouldn't have covered your claim.
  • HampshireH
    HampshireH Posts: 4,838 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper
    Your car insurance is just that insurance for incidents accidents and occurrences involving the insured car.

    Nothing in what you have quoted indicates it would cover anything else

    Your route is criminal / civil prosecution 
  • Aretnap
    Aretnap Posts: 5,669 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Do you have legal expenses cover on your home insurance? That would generally cover claims for personal injury resulting from an incident which didn't involve you being in a car.
  • DullGreyGuy
    DullGreyGuy Posts: 17,325 Forumite
    10,000 Posts Second Anniversary Name Dropper
    I have a comprehensive car insurance policy with Hastings which includes legal cover. My car was parked at home and i was walking as a pedestrian and hit by a car at high speed. I suffered severe injuries. I called Hastings and was initially told that as i was not in the insured vehicle then it was not covered. So i went to another Solicitor and have signed a no win no fee deal.
    But I have read the policy from Hastings and it says 
    Legal costs up to £100,000 for certain types of disputes resulting from a road traffic accident

    What is covered: This policy covers legal costs up to a maximum of
    £100,000 to recover losses not covered by your motor insurance
    and to pursue compensation for personal injury if you are involved in
    a road traffic accident that is not your fault. Damages will be
    claimed against those whose negligence caused the road traffic
    accident. Cover is also provided for legal costs to defend
    prosecutions arising from a motoring offence

    There is no mention of me having to be inside the vehicle named on the insurance documents.

    I have tried to call Hastings again and now being told that its too late because i have approached a different solicitor.

    Does anyone know if i should be insured for legal expenses as i pedestrian hit by a car?
    Or would it be only if i was inside the insured vehicle as Hastings originally said?
    No, LE cover only covers an accident involving your vehicle. Even if you were driving a third party car under the Driving Other Cars extension there would be no LE cover.

    A pedestrian hit will normally look to the LE cover on their Home insurance (contents or buildings if separate). If you were in a friends car then its their LE that would cover you. 
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