Hi all,

My neice was run over this week, fortunately she is ok, fractured spine but not as bas as it seems.

She stepped out into a road on a 30mph, and then stepped back. The driver appeared to be doing about 45-50mph and she got flipped up into the windscreen smashing it.

This morning my neice (she is 12) gets a letter from his insurers stating that they want her car insurance details to claim from to pay for the cost of the repairs to the drivers car.

Her mother is really panicking about this.

Does anyone know what the law is surrounding this, I was always led to beleive that if a driver hits a pedestrian, the driver is to blame.

I would appreciate any advice as to the legal situation here, and also whether we have a claim against the driver - the police are not interested.

Thanks in anticipation.

Jason

 

Not sure on the legalities mate.

I'm just glad it wasn't worse, hope she gets better soon.


Dan

 

Log onto this site www.5ive-0.org and ask one of the friendly coppers on their they will only be too glad to help, Hope your neice is OK.
Cheers
Colin

 

Firstly, it seems the insurance company have confused this matter with it involving another car. A quick letter informing that the inccident only involved a pedestrian who is a minor will quickly sort that out.

Second thing I must stress. When a driver hit s a pedestrian, IT IS NOT automatically the driver's fault, unless liability can be proven. There are plenty of cases where pedestrians have been hit in situations where the driver could not avoid (say, a child stepping out between parked cars on a narrow road - in cases like this the driver is rarely found at fault as long as their driving is within the law). So it is not a clean open and shut case, evidence must be found that the driver was at fault for police to prosecute, be it speeding, dangerous driving or driving without due care. This is probably why they are not interested (lack of). Claiming compensation is indeed possible if you feel the need to go this route.

Hope your neice gains a full recovery though.

 

Hope your Neice gets well soon.

If the guy was doing 45-50mph should this not have been proven at the scene of the accident by the Police?

I'm confused.

 

Thank goodness she's ok (your words , she doesn't sound that ok) hope she gets better soon.

Who felt the driver was doing 45-50? Were there any skid marks?

Idiots. No, the driver isn't always to blame, but I don't think she has any reason to panic. My cousin knocked over a postman (who was on a bike), sued and won, as the postman was cycling dangerously, in the dark without lights. Each case will be different, and whether or not the driver was speeding will be a significant factor. They need to contact a lawyer or citizens advice.

What? What exactly do the police do in this country?

 

A child gets run over and the Police aren't interested
I would be insisting that they get interested.
Hope she makes a speedy recovery.