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Car / Pedestrian accident, help please.


Mayfair05
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Hi, newbie here. Hope this is the right section.

 

I was driving and someone ran out in front of my taxi. She ran out just a few metres in front of me and despite going fairly slow, and braking, I couldn't stop.

 

I heard nothing about it, as the police report sent to me said she was ok and only had very minor injuries.

 

Jump forward 2 months, I get a letter from my insurer saying that she was claiming for damages and injuries. It says that she is claiming 'I was driving without due care and attention'.

 

My insurance company have been absolutely useless. I feel like I've been found guilty with no defense. The letter actually said that due to economic reasons, it's beneficial to accept full responsibility and pay out!

 

I'm fuming, she was absolutely hammered drunk, and made a mistake, and I'm paying for it.

 

I had 4 customers in my taxi at the time who saw it and are writing me witness statements, and I got a couple of other drivers too.

 

The insurance company just cancelled my insurance! So I'm out of work too, to add to it. After I had some legal advice they have agreed to re-insure me at £5400.

 

I'm doing all I can, but any extra help or advice would be very much appreciated! I've obviously googled things but almost everything I've found is just solicitor companies wanting pedestrians to sue the drivers.

 

Any advice please?

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If your Insurers have not yet admitted liability to the third party, you may be able to get them to stop doing so, if you have the witness statements available. Phone them up tomorrow morning to see what they have done so far and see if you can get them to put it on hold until you provide them with witness statements. Once your insurers admit liability, it can be difficult for a policyholder to take any actions which overturn this. The third party would just use the evidence of your Insurers admitting liability against you.

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If your Insurers have not yet admitted liability to the third party, you may be able to get them to stop doing so, if you have the witness statements available. Phone them up tomorrow morning to see what they have done so far and see if you can get them to put it on hold until you provide them with witness statements. Once your insurers admit liability, it can be difficult for a policyholder to take any actions which overturn this. The third party would just use the evidence of your Insurers admitting liability against you.

 

Yeah, I've done that. They have just said that most appeals fail. I find it ridiculous.

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Unfortunately there's not much you can do.

Apparently us motorists have a duty of care towards pedestrians including drunks jumping in front of cars.

Ask for the police/hospital report and see if there's any mentioning of her being intoxicated.

It might mitigate the claim, but I doubt it will cancel it all together.

I've always been scared of people running on my bonnet and what scares me most are teenagers with earphones who are not aware of what happens around them

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Unfortunately there's not much you can do.

Apparently us motorists have a duty of care towards pedestrians including drunks jumping in front of cars.

Ask for the police/hospital report and see if there's any mentioning of her being intoxicated.

It might mitigate the claim, but I doubt it will cancel it all together.

I've always been scared of people running on my bonnet and what scares me most are teenagers with earphones who are not aware of what happens around them

 

Already done. The police record is not obtainable by me. But they said the insurance company can get this information if they pay a fee. The hospital report would be very useful, but not sure of whether this will be accessible (legally)

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I think you have to go through the insurance to obtain a hospital report for the pedestrian because of dpa.

But you are surely entitled to the police report which I thought you already had.

You were involved in an accident and the report is what documents it.

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Already done. The police record is not obtainable by me. But they said the insurance company can get this information if they pay a fee. The hospital report would be very useful, but not sure of whether this will be accessible (legally)

 

 

 

No you cannot access the pedestrian's medical records yourself.

 

If the pedestrian brings a claim then a medical report will be disclosed at the appropriate time, other than that you will just have to wait and see.

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