Pedestrian Claims: Who pays compensation when a child pedestrian runs out in front of your car and is injured?
Car Driver Pedestrian Claims Question
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 pedestrian road accident can I claim for damage to my vehicle or am I at risk of claiming being made against me by the pedestrian?
Pedestrian Claims Solicitor Response
To decide who pays compensation in road traffic accident pedestrian claims – we 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.
See our car accident claim article for a full description of how you can 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 a compensation claim on behalf of a child?
See our child claims process article to see all our articles describing 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 – the possibility of such a claim would be even more rare as the 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.
As a policy we do not help with claims by a driver against child pedestrians.
5. Leave pedestrian claims to your motor insurance company
If a claim is made against you by a pedestrian – 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 discuss with them as to whether a claim against the pedestrian can be considered for vehicle damage.
See our motor vehicle insurance article to see to learn what motor insurance is and how it pays compensation injuries to other road users and damage to your own vehicle.
Specialist solicitor free online help
Whether you have been injured by a motor vehicle, you are the parents of a child who has been injured or a car driver involved in the collision – you may wish to discuss what has happened, so as to decide what best to do.
Select from our specialist solicitor online and telephone help options to discuss the accident circumstances and how best to make a pedestrian claim.