Pedestrian Claims: Who pays compensation when a pedestrian runs out in front of your car?
Pedestrian claims: I was driving my car when a child ran out straight onto the road in front of my vehicle from an alley way. It was too late for me to avoid a collision and as a result the child was injured, receiving a broken leg and my car was damaged.
In this type of road accident who pays compensation to whom?
Solicitor response: To decide who pays compensation in UK road traffic accident pedestrian claims I recommend you consider the following process:
1. Were you as the vehicle driver at fault for the road traffic accident pedestrian injury?
As a driver you must take into account the highway code, the road conditions and expected road users including pedestrians.
Click car accident claim to read the page I have written explaining how you show a driver is legally responsible for a road traffic accident injury.
2. Are there further considerations if a child is the pedestrian involved in the RTA?
“Yes,” children are considered more vulnerable members of society and less likely to take care of their own safety. If you are travelling in an area where children are to be expected, such as close to a school, you should proceed with more caution even if you are within the speed limit.
3. How do you proceed to make child accident pedestrian claims?
Click injury to minor to see all the pages I have written setting out the process of making a claim on behalf of a child including pedestrian claims.
4. If the pedestrian was clearly at fault can a driver claim against the pedestrian for vehicle damage?
It is very rare that a driver would claim against a pedestrian for vehicle damage, but there is theoretical right to do so. It would depend totally on the facts of the accident and also whether the pedestrian had the means to pay for such a claim. Often building and contents insurance might be able to pay for such claims.
Where the pedestrian is a child it would be even more rare and as a claim would have to be made against the child pedestrian direct it is very unlikely the child would have the means to meet any claim subject to being included under the parents building and contents insurance.
5. Leave pedestrian claims to your motor insurance company
If pedestrian claims are made against you – you should notify your motor insurance company immediately who will deal with the claim subject to your instructions.
If you wish to consider a claim against a pedestrian you should claim for the damage against your insurer and provide instructions to them to see whether a claim against the pedestrian can be considered for vehicle damage.
Click pedestrian claims accident car insurance to see the page I have written explaining what motor insurance is and how it pays compensation for pedestrian claims.