Drunk Pedestrian Causes Car Damage: Can I Claim UK Compensation?

UK solicitor sets out when you can claim compensation for damage to your car caused deliberately by a drunken pedestrian

Find out in a question and answer session when you can claim compensation for damage to your car caused by a drunken pedestrian.

Car accidenr victim question

A drunk suicidal pedestrian jumped into the side of my car after an argument with his girlfriend on the street.  I was driving my car with my partner and 2 year old daughter as passengers. The pedestrian hit the back end of my car leaving a huge dent  (right where my daughter was sat). 

My motor insurer has indicated that I need to pay £450 excess so it is probably not worth claiming on my policy. It might therefore be best if Ipaid for the car to be fixed as this could work out to be cheaper.  I really don’t see why I have to pay a penny to fix my car although i am aware it is probably not worth pursuing the pedestrian in the civil small claims court for 50p a week through a court order.

Can you suggest any way that I can claim compensation for my car damage?

Road  accident solicitor response

There are a number of possibilities which it is worth considering which might allow you to claim compensation which include:

1. The Motor Insurers Bureau is a body that will pay compensation for an uninsured or untraced motorist, but not a pedestrian.

2. Is the CPS prosecuting this individual? If so – you can make a request at the criminal court for compensation. It will depend on the offender’s means for payment, but even a person of limited means can be ordered to pay a monthly sum (for example £50 per month).

3. The CICA only pays out for criminal injury, not property damage.

4. The pedestrian might have building insurance which might include personal liability  – as this was a willful act this action might not be covered.

5. If you have legal protection cover on your motor policy – you might be able to use this to fund a road accident panel solicitor to investigate a potential claim and the means of the drunken pedestrian. The excess for such policies is typically £50.

2 Responses to “Drunk Pedestrian Causes Car Damage: Can I Claim UK Compensation?”

  1. Scott says:

    I was driving down the road and a drunken fight broke out on the road between two men. I slowed down, but another car on the other side of the road swerved to avoid them and hit my vehicle head on. I suffered injury to my neck and back, an ambulance was called and I was taken to hospital.

    If the two men hadn’t of been fighting on the road the accident wouldn’t have happened, as the car had to swerve.

    Can I claim for my vehicle damage and my neck and back injuries and if so from whom can I claim?

  2. You would be entitled to claim for your vehicle damage and for your neck / back injuries. I believe your primary claim would be against the driver who collided with your vehicle.

    It is regretful that the driver had to avoid the two men fighting and it might be for that the driver could attempt to recover any compensation monies claimed by you from the men involved, but as a driver must be in control of his vehicle at all times and the fact he swerved into your path and caused a collision when you managed to safely slow down – would in my mind indicate that driver’s liability.

    He would no doubt have motor insurance, so his motor insurer would meet the expense and if he was not insured the Motor Insurers Bureau would meet his liability.

    If you would like to proceed with a claim for your injuries and vehicle damage or to speak to me in person click car accident claim solicitor.

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