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Legal matters

Car accident advice please

8 replies

TormundGiantsbabe · 05/05/2016 14:09

If a pedestrian is hit by a car (thankfully they're ok, walking wounded, been to A&E and nothing broken but very sore & in shock), then is there anything they need to do to ensure the driver is held accountable?

The police attended the scene and if it were two cars that had hit each other then obviously we'd inform insurance company, but just not sure what procedure is for the pedestrian... is there anything we need to do? (Please be gentle - think I'm in shock myself, gave me a proper scare getting that phone call!).

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Tiggeryoubastard · 05/05/2016 14:13

Is the driver accountable though, or is the pedestrian.

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Tiggeryoubastard · 05/05/2016 14:14

Posted too soon. What did the police say?

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TormundGiantsbabe · 05/05/2016 14:21

The police didn't say anything to the pedestrian other than taking a statement and asking if they were ok.

I can't see how it could be the pedestrian's fault. The pedestrian was crossing the road when the car turned right into the road and hit them. The pedestrian tried to jump out the way otherwise it could have been much worse I think.

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Tiggeryoubastard · 05/05/2016 14:40

Then the pedestrian needs to contact the police and see what action they're taking regarding the motorist. And if none, then why not. And take it from there.

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IceMaiden73 · 05/05/2016 17:01

Did the pedestrian get the drivers details in case of a personal injury claim?

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Tiggeryoubastard · 05/05/2016 17:05

Before talking about claiming you need to ascertain what actually happened and that would involve speaking to the police.

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TormundGiantsbabe · 05/05/2016 18:17

Thanks, yes the police gave us the details of the driver at the scene. That was kind of what confused us tbh as we weren't sure if we needed to report to the insurance ourselves - never dealt with this situation before so sorry if that sounds daft! We will call the police to find out what's happening in a few days then.

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HeddaGarbled · 06/05/2016 22:47

There are two separate issues here.

Firstly, when you say you want to ensure the driver is held accountable, do you mean that you want them to be prosecuted? This will be dealt with by the police as they attended the scene and took statements. When something similar happened to me, the driver was sent on an awareness course and I was informed of that by letter about a month after the accident.

Secondly, does the victim want to claim financial compensation? They won't get much as no broken bones etc but they might get a bit for pain, distress, any damaged property, need to take time off work etc. You can claim this yourself simply by writing a letter to the driver's insurers. The police will give you details of the insurers if you don't already have it. You could consult a solicitor to pursue a claim but I doubt that it will be financially worthwhile. Sometimes, your house insurance policy includes personal legal expenses so it might be worth looking at that.

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