Recovering costs from a pedestrian after accident

[PixelpeepS3]

Has anyone taken a pedestrian to court to recover costs?

I had a police and witness confirmed non fault accident last year when someone wandered out in front of me.

Insurance company just called they’ve finally had the report in from the Police, which supports my version of events.

This however means nothing as after several probing questions by me they confirmed:

- Because they’ve already paid out for repairs to my car I lose my no claims bonus regardless of outcome
- Because I’ve made a claim I will have to declare this accident (as a FAULT accident) to any future insurance company regardless of outcome
- If I want to recover ANY costs from the 3rd party I will have to take them to court myself
- your insurers will always try and settle rather than it go to court (court is the only place I could prove my actual innocence and try and recover costs) because its cheaper for them.


There really isn’t any good news.. Even if the other side withdraw their claim for personal injury (best case scenario) I am still going to be out of pocket unless I take her to court, at my own expense.

I don’t know why anyone would bother with car insurance if they knew that no matter how carefully they drove, if some drunk idiot on their phone wandered out in front of them on a dual carriageway which had no crossing, it’d still be viewed as the drivers fault.

So, every policy i take out for the next 5 years is going to cost me extra, as the last year has..

the injustice hurts more than the financials - has anyone had similar ? what did you do?

[kiethton]

First thing to consider - is the pedestrian a person with means to pay? Do they own a house/material assets? Do they have a home insurance policy which indemnifies their actions outside of the home?

If the answer is yes, call the insurance company and request an amount to fully indemnify the full claim cost. Sue the woman for this amount, put charge and interest on their house if payment is not forthcoming from them or their home insurance.

[davek_964]

How easy would it be to win a case like that even if she does have the means to pay? Maybe she has equity in her house - maybe she has no disposable income - is it really likely that she would have to remortgage her house to pay for your repairs?

Although I'm sure it's extremely frustrating - if I'd hit a pedestrian on a dual carriageway, I'd be eternally grateful I hadn't killed them or caused serious / life changing injuries regardless of who's fault it was.

[PixelpeepS3]

davek_964 said:

Although I'm sure it's extremely frustrating - if I'd hit a pedestrian on a dual carriageway, I'd be eternally grateful I hadn't killed them or caused serious / life changing injuries regardless of who's fault it was.

Which is exactly how i felt until i got the letter from a no win no fee had an accident not your fault company informing me they believe i was speeding based on 'what their client told them'

even though the police attended, did tests and were completely satisfied i wasn't - this happened BEFORE she made the claim.

now i think, fk them, they're alive, costing me money and taking the piss.

there has been ZERO consideration for how it has affected me, personally or financially.

[The Selfish Gene]

PixelpeepS3 said:

Which is exactly how i felt until i got the letter from a no win no fee had an accident not your fault company informing me they believe i was speeding based on 'what their client told them'

even though the police attended, did tests and were completely satisfied i wasn't - this happened BEFORE she made the claim.

now i think, fk them, they're alive, costing me money and taking the piss.

there has been ZERO consideration for how it has affected me, personally or financially.

with you - fk em - they're taking the piss. Go after them 100%

[davek_964]

PixelpeepS3 said:

davek_964 said:

Although I'm sure it's extremely frustrating - if I'd hit a pedestrian on a dual carriageway, I'd be eternally grateful I hadn't killed them or caused serious / life changing injuries regardless of who's fault it was.

Which is exactly how i felt until i got the letter from a no win no fee had an accident not your fault company informing me they believe i was speeding based on 'what their client told them'

even though the police attended, did tests and were completely satisfied i wasn't - this happened BEFORE she made the claim.

now i think, fk them, they're alive, costing me money and taking the piss.

there has been ZERO consideration for how it has affected me, personally or financially.

Fair enough.

Find out where they live and run the fker over properly this time.

[herewego]

PixelpeepS3 said:

Has anyone taken a pedestrian to court to recover costs?

I had a police and witness confirmed non fault accident last year when someone wandered out in front of me.

Insurance company just called they’ve finally had the report in from the Police, which supports my version of events.

This however means nothing as after several probing questions by me they confirmed:

- Because they’ve already paid out for repairs to my car I lose my no claims bonus regardless of outcome
- Because I’ve made a claim I will have to declare this accident (as a FAULT accident) to any future insurance company regardless of outcome
- If I want to recover ANY costs from the 3rd party I will have to take them to court myself
- your insurers will always try and settle rather than it go to court (court is the only place I could prove my actual innocence and try and recover costs) because its cheaper for them.


There really isn’t any good news.. Even if the other side withdraw their claim for personal injury (best case scenario) I am still going to be out of pocket unless I take her to court, at my own expense.

I don’t know why anyone would bother with car insurance if they knew that no matter how carefully they drove, if some drunk idiot on their phone wandered out in front of them on a dual carriageway which had no crossing, it’d still be viewed as the drivers fault.

So, every policy i take out for the next 5 years is going to cost me extra, as the last year has..

the injustice hurts more than the financials - has anyone had similar ? what did you do?

Was she actually injured or is she making something up?

[RVVUNM]

PixelpeepS3 said:

Which is exactly how i felt until i got the letter from a no win no fee had an accident not your fault company informing me they believe i was speeding based on 'what their client told them'

even though the police attended, did tests and were completely satisfied i wasn't - this happened BEFORE she made the claim.

now i think, fk them, they're alive, costing me money and taking the piss.

there has been ZERO consideration for how it has affected me, personally or financially.

The question has to be asked "if she thought you were speeding" she obviously saw you and walked into the road, why?

[The Selfish Gene]

RVVUNM said:

PixelpeepS3 said:

Which is exactly how i felt until i got the letter from a no win no fee had an accident not your fault company informing me they believe i was speeding based on 'what their client told them'

even though the police attended, did tests and were completely satisfied i wasn't - this happened BEFORE she made the claim.

now i think, fk them, they're alive, costing me money and taking the piss.

there has been ZERO consideration for how it has affected me, personally or financially.

The question has to be asked "if she thought you were speeding" she obviously saw you and walked into the road, why?

why would you bring logic into it??!!?? You'll offend her. Damn men running over women. #ustoo

[PixelpeepS3]

herewego said:

Was she actually injured or is she making something up?

They were injured - nothing life threatening but spent a few days in hospital so i understand the desire to blame someone (other than yourself) for it.

They were however, on their phone, with headphones on, running across a live carriageway where there is no crossing in dark clothing at night.

I had an independent witness stating the same, a police report confirming they had no interest in me (breathalysed etc at the scene) and proof of where the car came to a stop and where the pedestrian ended up proving the speed was below the posted limit and a statement from the paramedics who attended which stated she was abusive towards them.

to then try and say it was my fault, and sue me for it...

[The Selfish Gene]

were they American? How can they think they can sue you for that.

what a stupid cow.

Good luck to you.

[graylag]

PixelpeepS3 said:

They were injured - nothing life threatening but spent a few days in hospital so i understand the desire to blame someone (other than yourself) for it.

They were however, on their phone, with headphones on, running across a live carriageway where there is no crossing in dark clothing at night.

I had an independent witness stating the same, a police report confirming they had no interest in me (breathalysed etc at the scene) and proof of where the car came to a stop and where the pedestrian ended up proving the speed was below the posted limit and a statement from the paramedics who attended which stated she was abusive towards them.

to then try and say it was my fault, and sue me for it...

That description is a long way from her being at fault though. I’m not saying she’s not stupid for what she did and she’s probably to blame, but the police not prosecuting you doesn’t mean what you seem to think it does.

I think I’d put it down to experience and accept that the reason I have insurance is to cover the costs of repairing my car, which could be a lot more than the extra that you’re paying out. I had a car stolen a few years ago, which clearly can’t be my fault but still paid a lot more for insurance as a result. The amount I paid was a fraction of the replacement cost though.

[NGee]

graylag said:

PixelpeepS3 said:

They were however, on their phone, with headphones on, running across a live carriageway where there is no crossing in dark clothing at night.

That description is a long way from her being at fault though.

So whose fault do you think it was then?

[Lemming Train]

davek_964 said:

PixelpeepS3 said:

davek_964 said:

Although I'm sure it's extremely frustrating - if I'd hit a pedestrian on a dual carriageway, I'd be eternally grateful I hadn't killed them or caused serious / life changing injuries regardless of who's fault it was.

Which is exactly how i felt until i got the letter from a no win no fee had an accident not your fault company informing me they believe i was speeding based on 'what their client told them'

even though the police attended, did tests and were completely satisfied i wasn't - this happened BEFORE she made the claim.

now i think, fk them, they're alive, costing me money and taking the piss.

there has been ZERO consideration for how it has affected me, personally or financially.

Fair enough.

Find out where they live and run the fker over properly this time.

[graylag]

NGee said:

So whose fault do you think it was then?

Maybe if you read the rest of my answer it would have answered it for you. Just because you’re not being prosecuted doesn’t mean the other person is guilty.

The pedestrian was clearly not helping themselves, but that’s a long way from being at fault as I’ve said. My understanding is that as a driver you are nearly always going to be in trouble in a crash with a pedestrian.

[ralphrj]

NGee said:

So whose fault do you think it was then?

Most likely fault would be apportioned to both parties.

In the case of Jackson v Murray, a child was hit by a car travelling 10mph under the speed limit when they stepped out from behind a school minibus. Liability was split 50:50.

[TwigtheWonderkid]

PixelpeepS3 said:

I don’t know why anyone would bother with car insurance if they knew that no matter how carefully they drove, if some drunk idiot on their phone wandered out in front of them on a dual carriageway which had no crossing, it’d still be viewed as the drivers fault.

If you didn't have car insurance, you'd be paying out for your own damage, and you'd be paying solicitors to defend you against her injury claim. So your insurance has been a real benefit to you.

It's not the insurer's fault that they know from experience that a court is very unlikely to award you damages in a case like this.

[Cold]

Given the extra information I'm going to jump to conclusions and suggest that this woman has no financial assets and most likely receives an income via the state.
Steal the freezer from her front garden. (Euphemism free zone)

[Tango13]

davek_964 said:

PixelpeepS3 said:

davek_964 said:

Although I'm sure it's extremely frustrating - if I'd hit a pedestrian on a dual carriageway, I'd be eternally grateful I hadn't killed them or caused serious / life changing injuries regardless of who's fault it was.

Which is exactly how i felt until i got the letter from a no win no fee had an accident not your fault company informing me they believe i was speeding based on 'what their client told them'

even though the police attended, did tests and were completely satisfied i wasn't - this happened BEFORE she made the claim.

now i think, fk them, they're alive, costing me money and taking the piss.

there has been ZERO consideration for how it has affected me, personally or financially.

Fair enough.

Find out where they live and run the fker over properly this time.

I worked with a bloke that very nearly went to Suez as a National Serviceman in 1956, part of their briefing included being told to stop and reverse back to finish off any native they hit

Can you issue a money claim online and drag them through the small claims court? Even if they can't/won't pay it will still fk up their credit rating.

[caelite]

davek_964 said:

Fair enough.

Find out where they live and run the fker over properly this time.

That's a bit council surely.

This is PH, here we pay someone of lesser stature to finish the job for us.