Insurance procedure after car collision with a child.
Discussion
I’m looking for some advice from the insurance experts.
I was unfortunate enough to be involved with a collision with a 10 year old child, which ran into the road from between parked cars 1 car length in front of me. I was travelling at approx. 20mph but even then I was unable to stop in time due to the short distance.
The child was injured and taken to hospital but I’m told that the injuries are not lifer threatening / changing.
The police attended and took statements from independent witnesses, which state the circumstances were as I described above.
The police told me at the scene that they did not consider that I had committed any offences, and that they would not be taking any action against me.
The question that I have is what happens with insurance in such circumstances? Obviously, I have informed my insurance company of the incident, and I’ve told them that I am not making a claim as there is no damage to my car.
However, I fully expect the child’s parents to make a claim against my insurance even though I was not negligent.
How do insurers usually deal with such situations? Do they automatically pay out for injuries or will they defend a claim due to the injuries being caused by the child’s own negligence? Can a 10 year old be considered negligent in such a situation, and will the parent’s be held negligent by proxy, for not appropriately supervising the child.
Or am I automatically held liable because I was the driver at the time, even though I was an unwitting participant caught up in an unfortunate situation?
Any advice and insight in to the insuracne procedures is much appreciated.
I was unfortunate enough to be involved with a collision with a 10 year old child, which ran into the road from between parked cars 1 car length in front of me. I was travelling at approx. 20mph but even then I was unable to stop in time due to the short distance.
The child was injured and taken to hospital but I’m told that the injuries are not lifer threatening / changing.
The police attended and took statements from independent witnesses, which state the circumstances were as I described above.
The police told me at the scene that they did not consider that I had committed any offences, and that they would not be taking any action against me.
The question that I have is what happens with insurance in such circumstances? Obviously, I have informed my insurance company of the incident, and I’ve told them that I am not making a claim as there is no damage to my car.
However, I fully expect the child’s parents to make a claim against my insurance even though I was not negligent.
How do insurers usually deal with such situations? Do they automatically pay out for injuries or will they defend a claim due to the injuries being caused by the child’s own negligence? Can a 10 year old be considered negligent in such a situation, and will the parent’s be held negligent by proxy, for not appropriately supervising the child.
Or am I automatically held liable because I was the driver at the time, even though I was an unwitting participant caught up in an unfortunate situation?
Any advice and insight in to the insuracne procedures is much appreciated.
Thank you all for your advice so far.
I know it's only been a few days but the images of the accident are constantly going around in my head, and I’m having trouble focusing on other things.
I've driven since the accident and I feel a definite negative affect due to what happened. I'm now very apprehensive and constantly expecting someone to run out in front of me again without warning.
I’ve had my licence for 22 years and consider myself an experienced, careful and competent driver, yet it's very scary as to how quickly such a situation can develop and the helplessness that is felt when it is occurring.
I know that there is nothing that I can do to change what has happened, and all I can do now is to prepare for whatever the outcome might be in this unfortunate situation, hence the questions about the insurance position.
From what I’ve learned, it appears that a claim against me is almost certain, and also that the time limit for a claim is extended until the child is 21, therefore a claim could be made anytime between now and 2026.
I’ll keep the thread updated when new information is known.
I know it's only been a few days but the images of the accident are constantly going around in my head, and I’m having trouble focusing on other things.
I've driven since the accident and I feel a definite negative affect due to what happened. I'm now very apprehensive and constantly expecting someone to run out in front of me again without warning.
I’ve had my licence for 22 years and consider myself an experienced, careful and competent driver, yet it's very scary as to how quickly such a situation can develop and the helplessness that is felt when it is occurring.
I know that there is nothing that I can do to change what has happened, and all I can do now is to prepare for whatever the outcome might be in this unfortunate situation, hence the questions about the insurance position.
From what I’ve learned, it appears that a claim against me is almost certain, and also that the time limit for a claim is extended until the child is 21, therefore a claim could be made anytime between now and 2026.
I’ll keep the thread updated when new information is known.
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