Pedestrian (minor) at fault - RobertT

If a young pedestrian walks in front of my car without looking, whilst I am driving perfectly legally and causes damage to my car, is there anything I can do?

Pedestrian is ok but I'm left with a £1k insurance repair bill to sort, loss of no claims and big excess payment.

I know it sounds a bit mercenary but I'm hugely out of pocket. Is there anything that I can do?

Just to stress, person is relatively fine.

Pedestrian (minor) at fault - FP

As I understand the law (not being an expert) you have the right to sue the pedestrian. If the case is as clear-cut as you imply, you have some chance of success.

Pedestrian (minor) at fault - RobertT

Even if the other party is a minor?

Pedestrian (minor) at fault - FiestaOwner

I'm not an expert either.

The pedestrian is "relatively fine". Sounds like they have sustained some form of injury. Also the pedestrian is a minor. Hope you have reported this accident to the police.

Just a thought. If you have legal cover on your insurance policy, will they seek excess and costs from the parents of the other party?

Pedestrian (minor) at fault - RT

I believe you can technically sue a minor - but unless they have assets of their own, or public liability insurance, you've got no chance of recovering any money.

Pedestrian (minor) at fault - focussed

I researched this when a kid if about 5 years came carreering down an alleyway on his bike, couldn't stop at the end and hit my parked car.

Unless you can find the parents, and they are decent about it and offer to pay for the damage which they may be able to claim for on their house insurance - you are wasting your time.

Pedestrian (minor) at fault - dan86

Going back 10 years I had an elderly man walk strait out infront of me without looking. He only suffered minor cuts and bruises whilst the car took all of the impact. I calld the police and ambulance and was told by the police officer that I could claim against the man. After finding out he was penniless with no assets it wouldn't have been worth it.

Pedestrian (minor) at fault - argybargy

A relative of mine was approaching a mini roundabout in his car after darkness, looked to his right, saw nothing and proceeded, striking a cyclist who had entered the roundabout but was not displaying lights. The cyclist came off his bike and landed heavily, but sustained only bruises. The police were called, the cyclist departed before their arrival without giving any details and the Constabulary took no action. My relative heard nothing further, and although technically not at fault because the cyclist was not showing lights, he was mighty relieved.

TBH, I think you may find that you've got away relatively lightly, because the pedestrian could well have taken the advice of the barrack room lawyers who usually swarm around the victim in the wake of such a situation, concocted a story at odds with the facts, headed for the nearest casualty department and reported all manner of aches and pains.

Edited by argybargy on 29/10/2017 at 09:30

Pedestrian (minor) at fault - badbusdriver

TBH, I think you may find that you've got away relatively lightly, because the pedestrian could well have taken the advice of the barrack room lawyers who usually swarm around the victim in the wake of such a situation, concocted a story at odds with the facts, headed for the nearest casualty department and reported all manner of aches and pains.

That could very easily still happen!

Pedestrian (minor) at fault - argybargy

.

That could very easily still happen!

True enough, BBD. Just trying to be positive.

Pedestrian (minor) at fault - gordonbennet

In the circumstances i would probably put it down to experience, and been eternally thankful that i didn't have the life of, or life changing injuries, to a child on my mind for the rest of my days.

I was knocked over, up and over the top of a bubble car as it happens, when i was 5 years old, idiot child i was ran straight out from the school bus without looking, went over the top of the Isetta (or whatever it was) and slid down the back, leaving a badly dented chrome bumber and a serious dent in the front opening door, plus leaving skin and tissue and scapes all down the back edge, i was a tough little imp though so no broken bones and the scars (being so young) healed in weeks leaving me the handsome devil you can virtually visualise :-), the car driver a decent stick came to visit us when i was out of hospital, he brought me a Lone Star Ford Thunderbird model car so i thought he was great...my Mother told me when i was older he couldn't have cared less about the damage just relieved i'd survived unscathed...i suspect this is how most of us would feel.

I drive past the scene about twice a week, the chap never stood a chance unless he literally had been passing at walking pace, the bus driver carried me the several hundreds yards home in his arms, must have terrible for all of them and my parents.

As an aside, and this is no comment or reflection on your driving OP, as i'm sure it was exemplary, but it never ceases to amaze me how may drivers sit on the crown of the road less than a cars length from my back bumper, trying to force me to go faster when i am observing the 30 limit as a max not a target, and often enough where lots of people are milling about with numerous parked cars and other obstacles just perfect for kids to pop out unseen from...yet leave the 30 limit and on to NSL open roads and these half wits lag far behind because 40 odd mph seems to be their one speed no matter where they are unless a dual carriage or motorway when the finally have a stright line to make progress on.

I've been a lorry driver for over 40 years now, a lorry driver's biggest fear is the errant child.

Pedestrian (minor) at fault - NARU

... aside, and this is no comment or reflection on your driving OP, as i'm sure it was exemplary, but it never ceases to amaze me how may drivers sit on the crown of the road less than a cars length from my back bumper, trying to force me to go faster when i am observing the 30 limit....

Yes,I drop to 20 when I enter our estate - but there's always someone trying to press me to go quicker.

Pedestrian (minor) at fault - bazza

In the circumstances i would probably put it down to experience, and been eternally thankful that i didn't have the life of, or life changing injuries, to a child on my mind for the rest of my days.............................

Exactly GB, best way to look at it. LIfe is full of ups and downs and fortunately in this case only a bit of plastic and metal was damaged. Although I have full sympathy for the OP having out of pocket expenses, i'd just take the positives from this episode that nobody was hurt. Yes its a wallet pain in the ,,, but a good outcome really.

Pedestrian (minor) at fault - badbusdriver

In the circumstances i would probably put it down to experience, and been eternally thankful that i didn't have the life of, or life changing injuries, to a child on my mind for the rest of my days.

I was knocked over, up and over the top of a bubble car as it happens, when i was 5 years old, idiot child i was ran straight out from the school bus without looking, went over the top of the Isetta (or whatever it was) and slid down the back, leaving a badly dented chrome bumber and a serious dent in the front opening door, plus leaving skin and tissue and scapes all down the back edge, i was a tough little imp though so no broken bones and the scars (being so young) healed in weeks leaving me the handsome devil you can virtually visualise :-), the car driver a decent stick came to visit us when i was out of hospital, he brought me a Lone Star Ford Thunderbird model car so i thought he was great...my Mother told me when i was older he couldn't have cared less about the damage just relieved i'd survived unscathed...i suspect this is how most of us would feel.

I drive past the scene about twice a week, the chap never stood a chance unless he literally had been passing at walking pace, the bus driver carried me the several hundreds yards home in his arms, must have terrible for all of them and my parents.

As an aside, and this is no comment or reflection on your driving OP, as i'm sure it was exemplary, but it never ceases to amaze me how may drivers sit on the crown of the road less than a cars length from my back bumper, trying to force me to go faster when i am observing the 30 limit as a max not a target, and often enough where lots of people are milling about with numerous parked cars and other obstacles just perfect for kids to pop out unseen from...yet leave the 30 limit and on to NSL open roads and these half wits lag far behind because 40 odd mph seems to be their one speed no matter where they are unless a dual carriage or motorway when the finally have a stright line to make progress on.

I've been a lorry driver for over 40 years now, a lorry driver's biggest fear is the errant child.

Showing your age there GB!. Getting run over by an isetta?!. That and the fact that the bus driver picked you up and carried you home!. These days, (and rightly so) nobody with any sense would move you till the ambulance/paramedic got there.

My youngest son got hit by a car when he was 8, nothing as cool as an isetta though, a boring old VW passat. Entirely my son's fault, he ran across the road without looking. But we are thankful he got off relatively lightly with a broken leg, as it could easily have been fatal.

Pedestrian (minor) at fault - RobertT
Thanks All.

I guess I was wondering whether there is a government fund that I can claim from or whether my insurance company might treat it as ‘not at fault’ in any way in this instance.

Childs completely fine now and yes police were involved and cleared me. It was not near a school.

I’m aware that the ambulance chasers could always make an appearance and have been advised of that by my insurers. I think I’ll lose all faith if that happens as it was traumatic enough for me.

Forgot to add - dash cam proved invaluable.

Edited by RobertT on 02/11/2017 at 05:31

Pedestrian (minor) at fault - FiestaOwner

Thanks for posting back again.

The reason I was asking if the accident had been reported to the Police was that it sounded as if it was a reportable accident. If you hadn't reported it and the other party did, it could have landed you in trouble. I wasn't trying to suggest it was your fault. Sorry if my previous post came across and judgmental and hostile, I didn't mean it too. I should have written it better.

Regarding the dash cam. I use one in my car and another in my works van. Hope never to need to rely on them. In the event of someone lying about how you were driving, in the event of an accident, it's an invaluble tool.

Don't think there is any fund you can claim on. Think the only fund is if you have a claim against an uninsured driver.

Pedestrian (minor) at fault - argybargy
Thanks All. I guess I was wondering whether there is a government fund that I can claim from or whether my insurance company might treat it as ‘not at fault’ in any way in this instance. Childs completely fine now and yes police were involved and cleared me. It was not near a school. I’m aware that the ambulance chasers could always make an appearance and have been advised of that by my insurers. I think I’ll lose all faith if that happens as it was traumatic enough for me. Forgot to add - dash cam proved invaluable.

If the child is fine and the police have cleared you of any potential offence, I don't think you need worry about ambulance chasers.

If there are any further developments (and it sounds unlikely) they'll be dealt with by your insurance company and are very unlikely to involve any detriment to yourself.

Pedestrian (minor) at fault - RobertT
Not a problem FiestaOwner, your post was appreciated.

I’m worried that not only will I have to find my excess, I will also be classified as at fault with higher premiums to follow, despite doing nothing wrong.
 

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