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Pedestrian accident, claims

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Old 24 May 2004, 05:33 PM
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ticky
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Question Pedestrian accident, claims

Yesterday I was involved in an accident with a pesdestrian.
Im not going into full details but a young child aged between 10 & 12 years of age ran out between parked cars & was hit by my passenger side mirror.
The child was taken to hospital & later discharged with a bump to his head & bruised leg. Luckly matters could have been worse if it was a frontal impact.
I reported the incident to the police, giving them my details & reg etc.
I received a call today from a friend of the childs parent, requesting all my details address, reg etc.
I can only think now that the parents are going to make some sort of compensation injury claim for their son.
How does this affect me?
As regards to my 5yrs no claims bonus etc.
Never been in an accident before.
Old 25 May 2004, 08:17 AM
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elgordano
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if you can prove that the child is at fault can you not claim from them as well for the damage ?
Old 25 May 2004, 09:00 AM
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fitzscoob
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id be surprised if you do not get a call from those scum injurylawyers4u or some other such organisation, who will try to weasel money out of your insurance company.

while i feel sorry for the kid, its still a bit stupid if he or his family get money for a stupid mistake he made.

one of the few things that actually stuck from school was all the bumpf about not crossing roads between cars, looking left - right then left again etc.

I really hope you dont get stung for this mate, but in this day and age of people being able to sue each other for little or no reason whatsoever i dont hold much hope.
Old 25 May 2004, 11:07 AM
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Aaquil
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Stupid child...10-12 years old running out between parked cars. You should claim off the stupid parents who should have taught a grown child how to cross the road like any normal human being. If the parents can't prevent a child that old from running out into the road they should keep 'it' locked in the house... and yes I do have a child of my own. Sorry mate...I'm just happy you didn't roll the ****** over your bonnet imagine what they would have tried to have you for!!!

All the best...don't take it lying down though...the kid should not have run out into the road. 5 year old maybe...10-12 year old?!!!
Old 25 May 2004, 11:16 AM
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greasemonkey
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If the call you received was from a "friend" of the child's guardian, I'd politely tell them to foxtrot oscar when it comes to giving them your details. If it was the guardian him/herself, or their solicitor, different matter.

It might be worth having a generalised chat with your solicitor to see where you stand with regard to this. Personally if you do get a letter from claims 'r' us regarding injuries to the boy, my first instinct would be to counterclaim for damage to your wingmirror and paintwork, plus the huge levels of stress and anxiety you have suffered as a result of this incident.

Edited to add: Do you have legal cover on your insurance policy? If so, would probably be worth giving them a heads-up.
Old 25 May 2004, 12:44 PM
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Neil W
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Exactly same happened to me when I was learning but luckily there was no claim made against me/my insurance.

I was told however that a pedestrian is always in the right!
Old 25 May 2004, 01:49 PM
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Izzy
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Speaking from an insurance point of view, in todays "compensation culture" world I'd be surprised if you dont have a claim levelled against you via some "no win no fee accident solicitors"......

The only thing you should do now is advise your insurers, giving them details of the Police who "investigated" it. Anyone who has "a reasonable reason" to know your insurance details can ask for them, but as said, I'd only give your details to either the guardian of the kid or a professional ligitimately acting for them, ie a solicitor.

The funny thing is that the Courts view kids of upto 13 as not being fully responsible for their own actions - so they view the "big bad motorist" as the one to blame ! On the plus side though, is that the kid ran into the side of your car - arguably showing that a) you were there to be seen & b) couldnt take any evasive action even if you did see the kid......

It's likely the parent's will pursue a claim, but given the circumstances theres a good to middling chance your insurers will be able to successfully defend it.

Notify your insurers, strenuously deny there was anything you could have done to avoid it and ask them to defend any claim....... Your premium will probably go up in the meantime to reflect the claim being made, but if its successfully defended at the end of the day it should be refunded to you.

Dont even think about pursuing a claim against the kid (or his parents) though, 'cos the "big bad motorist" would never win such a case in Court....

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Old 25 May 2004, 02:15 PM
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Patriot
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Same happened to me a few years back but it was a drunk who wandered in front and ended up smashing my windscreen, police were involved and everything was checked, braking distance etc, got a letter from his solicitor saying he was going to claim and I was advised not to reply, I didnt and never heard from him again.
It cost me to do the repairs though.

martin
Old 25 May 2004, 08:02 PM
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ticky
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Thanks guys for the info.

I have been in touch with my insurance company who have been helpful upto now & have got me in touch with a senoir claims adviser.
Ive got two kids of my own & would never let them play in the street/road.
Only in the back garden/park etc supervised.
Im annoyed slighty that the parents are possibly trying to make a few £££ from this accident, seems to have got them off their feet. Perhaps they could have got up earlier & took their kids to the park. Where it is the normal/safer for kids to play. Instead of sitting on there **** watching telly & let their kids play out front.
I supposed if the kid was really hurt bad then I could come to terms with a claim.
I will just have to wait & see what happens. Mean while I will need to repair my car, so far I can see a minimum of £300 costs for repair, electrical folding mirror, paint labour etc.
Old 23 July 2004, 04:17 PM
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warrenm2
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hows this going just out of interest mate?
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