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 accident 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.
