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Car accident - pedestrian ran into my car - NOT my fault, but recorded as a fault claim??

Last post Sun, Apr 01 2012, 9:33 AM by jojouk. 13 replies.
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  •  Sun, Apr 01 2012, 9:33 AM

    Re: Car accident - pedestrian ran into my car - NOT my fault, but recorded as a fault claim??

    I couldn't believe the damage from someone running into my car. The £300 is the excess on my insurance that I have to pay.

    It is totally honest, I was driving approx 20mph, and he slammed into the side of my car. I obviously had to report it, and to be honest, the damage was more than £300, but that's the excess on my policy.

    I think the polite letter is the way to go. I definately don't want to go down the court road, so I will hope that they feel responsible and would like to help.

    :)

    • Post Points: 5
  •  Sun, Apr 01 2012, 4:20 AM

    Re: Car accident - pedestrian ran into my car - NOT my fault, but recorded as a fault claim??

    Something doesn't seem quite right. A car was crawling along and a child ran into the side of it and caused hundreds and hundreds of pounds worth of damage.

    Either the car was some vintage classic or a garage is overcharging or there is some other explanation.

    • Post Points: 20
  •  Sat, Mar 31 2012, 9:15 AM

    Re: Car accident - pedestrian ran into my car - NOT my fault, but recorded as a fault claim??

    jojouk:I wasn't entirely sure if it was appropriate to go into full details of the event, but it was impossible for me to see the child before he actually hit my car as he ran inbetween two parked busses that I was, slowly, overtaking. Literally the first time I saw him was when he hit the side of my car, as my view was limited by the presence of the busses in the bus bay. :(

    What I would suggest that you do, if you know the boys parents address, is simply to send a letter outlining the costs of having to make a claim for the damage to your car. Don't mention any legal action at this stage, just ask the parents for their help with this matter. If you threaten to take legal action at this stage, you have to think of the consequences. You may be made to look the villain rather than the victim. e.g the parents could go to the press and the headline could be, driver of car which hit 12 year old boy, sues the boy for the damage to the car. This would be totally unfair on you, but some people would see the situation from a different perspective. Hence the reason for just letting the parents know of the cost to you, in the hope that they will pay you atleast the £300 excess.

    • Post Points: 20
  •  Sat, Mar 31 2012, 2:21 AM

    Re: Car accident - pedestrian ran into my car - NOT my fault, but recorded as a fault claim??

    Ok, but I still don't think it's worth taking the matter further. The child didn't run into your car on purpose. He got a few bruises and you had to fix the dints in the car.

    It's obviously your choice though whether to take things further but one option is to make an appointment to talk to a reputable legal expert for another opinion and you can agree the cost of this before things start by simply asking for 30 minutes or an hour of their time. Do beware though, if taking this option, that there are disreputable legal firms who will make wild promises just to get your signature on an agreement.

    Another option, which you've mentioned before, is to politely ask the parents for a contribution.

    A third option, if option 2 doesn't work, is to enter the details at https://www.moneyclaim.gov.uk and see where that leads.

    • Post Points: 5
  •  Fri, Mar 30 2012, 10:07 PM

    Re: Car accident - pedestrian ran into my car - NOT my fault, but recorded as a fault claim??

    I wasn't entirely sure if it was appropriate to go into full details of the event, but it was impossible for me to see the child before he actually hit my car as he ran inbetween two parked busses that I was, slowly, overtaking.

    Literally the first time I saw him was when he hit the side of my car, as my view was limited by the presence of the busses in the bus bay.

    :(
    • Post Points: 35
  •  Fri, Mar 30 2012, 7:24 PM

    Re: Car accident - pedestrian ran into my car - NOT my fault, but recorded as a fault claim??

    I feel that you should accept that accidents happen and try to move on.

    It may seem clear from where you stand that all the fault lies with the child. However, were this to go to court, the other side would be encouraged to put forward a case. While you might prove that you have not been speeding, questions can still be asked about whether the speed was appropriate when there were children running in the area. I know from experience that it is not pleasant having to defend in court something that, at the time, seemed as though it could not reasonably be questioned. It will not be pleasant, for example, to be told something like "surely, had you been driving safely, you would have seen the child running on the pavement, you would have slowed down and, when the child stepped onto the road, you would have been able to stop?". If you didn't see the child on the pavement then "surely you were driving without being properly aware of the situation?". It is not impossible that a speed camera offence where you went slightly over the speed limit several years ago is mentioned in court, Also children do not have the same legal responsibilities as adults. Even if you were advised that it was likely that you could walk away from court with £300, it would still not be worth the stress and the hassle of having to put the case, in my opinion.

    Personally, for £300, I would not even bother contacting the parents or the child. I would accept that driving a vehicle costs more than just the price of fuel and I would start saving up for the increased renewal premium.

    • Post Points: 20
  •  Fri, Mar 30 2012, 5:02 PM

    Re: Car accident - pedestrian ran into my car - NOT my fault, but recorded as a fault claim??

    jojouk - Would, in any of your opinions, be wrong of me to simply ask them if they would be able to contribute to the cost of repair to my vehicle? Of course they can say no, but given that it was their child's fault, should they not feel obliged to offer some payment to compensate me my losses?

    I often believe in most circumstances there is nothing to lose by asking, but in your case I would personally try to let this matter cool down and be sorted naturally by your insurer, neither would I inflame the situation by asking, as your position could be somewhat fragile.

    I would not wish to alienate the child's parents which may be counter-productive to your cause, especially if the child were to mysteriously suffer from some belated psychological side affects allegedly brought on by the accident at some future date.

    • Post Points: 20
  •  Fri, Mar 30 2012, 4:46 PM

    Re: Car accident - pedestrian ran into my car - NOT my fault, but recorded as a fault claim??

    Hi. Thanks everyone for your input :)

    The police have witnesses stating what happened, my stopping distance of probably 8-10 metres after the site of impact (which includes reaction time to apply the breaks) I would have thought proves that I was not speeding in any way? It was fully reported to the police and my insurance company.

    The child himself stated that he just ran out into the road to the nurses at the hospital (who happens to be my brothers girlfriend-it's a small world!)

    I also would have thought there is very good coverage of CCTV in that area should it be needed.

    Anyway, I have had a letter from my insurance saying that the legal team will not help me persue any compensation on my part, but I really wanted to do that all as a last resort anyway. I would feel like a real *** taking legal action.

    I am more concerned about it going down as a fault claim, and me having to pay my full £300 excess.

    Would, in any of your opinions, be wrong of me to simply ask them if they would be able to contribute to the cost of repair to my vehicle? Of course they can say no, but given that it was their child's fault, should they not feel obliged to offer some payment to compensate me my losses?

    It's all such a blinking mess :(
    • Post Points: 20
  •  Fri, Mar 30 2012, 4:13 PM

    Re: Car accident - pedestrian ran into my car - NOT my fault, but recorded as a fault claim??

    Just a couple of comments to throw into the ring.

    Firstly, accidents happen. Sometimes it's no one's fault, sometimes the blame can be shared, sometimes only one party is at fault. It's often difficult to share the blame appropriately and if, for example, you stated to a court that the fault was wholly with the other person, that's fine for criminal damage but it's not impossible with the other cases that the other person could respond by saying that the driver was going too fast and it would be difficult to prove or disprove this unless there was CCTV and/or reliable winesses.

    Secondly, there is a legal requirement to remain at the scene of an accident and, if asked, exchange names and addresses. It is also a requirement to report accidents to the police within 24 hours. Not meeting these requirements on its own can lead to problems that are separate from finding who was at fault for the accident.

    • Post Points: 20
  •  Fri, Mar 30 2012, 11:12 AM

    Re: Car accident - pedestrian ran into my car - NOT my fault, but recorded as a fault claim??

    Some years ago I caught a young lad keying my car in a supermarket car park. He was 13.

    I took his parents to the small claims court to get the costs of repair, and I won.
    • Post Points: 20
  •  Thu, Mar 29 2012, 5:33 PM

    Re: Car accident - pedestrian ran into my car - NOT my fault, but recorded as a fault claim??

    I had pretty much the same thing happen to me a few years ago, I was leaving my driveway when a youngster on a pushbike ran into the side of my car. He was riding on the pavement, I picked him up, made sure he was ok , sorted out the wheel on his bike, and sent him on his way to school.

    I then checked my car, he had smashed the side of the bumper, dented / scratched the wing. When I got to work,( I work in a garage ), I had the body shop manager look at the damage, he gave me a quote "in house" for £750.

    Later after I had recovered from the shock, I was talking to my wife , who asked me how the lad was, I didn't know, so I rang the local school, They informed me that the boys mother had come to take him out of school, and that she had been asking questions about me with reference to insurance..

    At this point alarm bells started to ring so I contacted the local police station, to see if I had to report it as an accident, I was advised to attend the local station, with my insurance and drivers documents.

    The Policeman I spoke to, took my details, and informed me that the documents would be put before his superiors with a view to Taking the mater further..

    At this point I nearly lost it. I was leaving MY driveway in a fully taxed insured car. this Kid was riding a bike, on the pavement,( I always thought this was against the law?) wearing a walkman, ran into my car etc. etc. I was the one being treated like a criminal...

    He replied, the feeling of the local police is that it is safer for children to ride on the pavement than on the road,

    I agreed but who wold pay for my car to be fixed? His reply was, Thats what you have insurance for..

    To rub salt in the wound, Later that night I had the boys Mother standing on my doorstep, demanding my insurers details.as she was going to sue me for knocking her son off his bike, and then sending him, not to hospital, to have his whiplash? treated, but I forced him to go to school...........

    At this point I informed her ( nicely) that I had reported the accident to the police, and could she ive me her insurance details.. She went away and I heard nothing else from her,

    2 weeks later, I had a letter from the CPS, telling me that they were not taking any action...

    I had the carin the bodyshop for 4 days, a nice shiney bumper, a freshly painted wing, and £750 out of pocket.

    If you have not reported the Accident I urge you to do so now... Best of luck.

    • Post Points: 20
  •  Thu, Mar 29 2012, 10:10 AM

    Re: Car accident - pedestrian ran into my car - NOT my fault, but recorded as a fault claim??

    It is up to you, but if you have legal cover under your Car Insurance, you could see if they will make a claim against the 12 year old boys parents Home Insurance liability cover. Or if no legal cover, approach a no win no fee company to see if they will take it on. If the boys parents don't have Home Insurance or they refuse to pay out on a claim, you would be suing a 12 year old boy. Are you prepared to take the 12 year boy and his parents to court ?
    • Post Points: 20
  •  Thu, Mar 29 2012, 2:23 AM

    Re: Car accident - pedestrian ran into my car - NOT my fault, but recorded as a fault claim??

    My understanding is that if a claim is made, you pay the excess. Apologies for more bad news but unfortunately your next premium will be higher as well although, as you say, you'll keep the protected NCB.

    I cannot see any realistic chance of recovering costs from the pedestrian. Even if you knew that there was a relevant household insurance policy, it simply isn't worth the hassle for the possibility of just £300 in my opinion.

    For minor incidents it is usually best to try and sort things out without involving insurance companies but this often isn't an option when someone is injured.

    Hopefully both the boy and yourself will recover from the incident quickly.

    • Post Points: 20
  •  Wed, Mar 28 2012, 11:48 PM

    Car accident - pedestrian ran into my car - NOT my fault, but recorded as a fault claim??

    Hi,

    So I had a pretty traumatic experience the other day, where a pedestrian ran out inbetween two busses and slammed into the front side of my car. 100% unavoidable on my part, and 100% the pedestrians fault.

    The pedestrian was taken to hospital and is recuperating.

    I of course called my insurance etc..and was informed that as the pedestrian that ran into my car is obviously not insured, it will be registered as a fault claim on my part and I will be liable to pay my whole excess, although I have protected NCB, so at least that has not been lost!

    So I have two questions:

    1) Should it be a fault claim? I have read that the pedestrian can claim on their household insurance (should they have it) under personal liability. I am quite annoyed that it has been registered as my fault.

    2) Should I attempt to recover my losses from the pedestrian?

    (£300 excess paid)

    What I havent mentioned until now (I did not want it to influence anyones initial opinions) is that the pedestrian was in fact a 12 year old boy.

    I am now under quite bad financial strain because of the accident, but, it was a 12 year old boy. I simply cannot afford the £300, but morally, I am struggling to even think about how I would even go about reclaiming the money.

    The lad was taken to hospital, he ran into my car, it was his fault, but, its a 12 year old boy...

    • Post Points: 20