Pedestrain hit by car

[Bobbins04]

I will keep you all updated. I just hope the driver is okay with us.

 

Never believed in it before but i lost my brother 2 years ago, maybe just maybe he was there that day.

 

Im certainly not brave, my little bobbins is being the strong one, hes only 2 but looking after me. Im hoping it will all be over soon and back to normal

[Desperate Daniella]

Sorry for the double post.

 

You really are being brave.

 

If the driver starts trying to blame you or beat your husband down on what you are asking for, which is incredibly reasonable, your husband should stop the conversation and say he'll deal with the insurance company.

 

I'm so sorry about your brother. I lost my sister when she was young too. I truly believe she's up there and keeping an eye on us.

 

DD

[Bobbins04]

Ive told my husband that, part of me thinks its just better to go through his insurence anyway. But we shall see how it goes.

 

I feel so much better, i was so worried that i was to blame and put my sons life at risk. But this forum has helped.

 

Im sorry about your sister, its tough loosing a sibling. you feel like you have to be the strong one for your parents. I lost my brother to suicide, its almost his 2 year anniversary and as bad as that time was this feels so much worse. He really must of been with us that day.

[Desperate Daniella]

I know you were thinking that. It's natural, but it isn't true.

 

It was my sister's 9th Anniversary last week and she committed suicide too. I have always seen little signs that she is up there but it's so very sad and of course we have to support our parents. I think my daughter, who was just under a year at the time, is the only thing that got my mum through - my mum even says that. I'm sure your parents are just so happy that you and your little boy are safe. They must have been so shocked and worried too.

[Desperate Daniella]

And I'm so glad the forum has helped and you are feeling a little better.

[dx100uk]

aw what a nice person you sound.........

 

thing that strikes me

 

and I've a somewhat similar story moons ago I saw happen.

 

exactly the same.

 

the police were involved and took the view that as the person was local

knew the road well

and had been driving for 15yrs in the area

using the road twice a day aleast for work

they should not have been driving the way they were.

 

just a thought.

dx

[Bobbins04]

What a small world!

[Desperate Daniella]

aw what a nice person you sound.........

 

thing that strikes me

 

and I've a somewhat similar story moons ago I saw happen.

 

exactly the same.

 

the police were involved and took the view that as the person was local

knew the road well

and had been driving for 15yrs in the area

using the road twice a day aleast for work

they should not have been driving the way they were.

 

just a thought.

dx

 

 

bobbins is obviously a very, very nice person.

 

That is a good thought. I just needed one experience of not being able to see on my way up Reigate Hill in late afternoon sun. I would never go that way again unless I had really strong sunglasses.

 

DD

[Desperate Daniella]

What a small world!

 

It is!

[Bobbins04]

Yes it happend 5 minutes from where i live and also where the driver lives. I honestly believe he was distracted, i dont believe the sun in his eyes at all. I truely believe it was an accident and i do feel some what for the driver, it must of been horrible for him too but i would love to know why he didnt see us.

 

Hopefully its all a step in the right direction!

[Desperate Daniella]

We are all supporting you now and will help with advice whenever we can.

 

He may well have been distracted, even on the phone? I do think the police could have investigated a little more.

[Bobbins04]

The police said that he had proved the best he could he wasnt on his phone, by showing no txts or calls had been made at that time. He had sat in his car a good 10 mins before getting out (possibly in shock himself) but had pulled out of the street he had knocked us from and pulled in 20ft down the road.

 

Im guessing with no proof of speeding, being on his phone or alchohol in his system, and a neutral witness, its hard to take further legal action. I wouldnt want that either and im pretty sure he wont make the same mistake again. I think your right he had drove down the road a million times and just drove down it not pating attention, unfortunately for us!

[Desperate Daniella]

Difficult to tell. I have to say that if I'd just hit a baby in a pushchair I hope I would have jumped straight out and run to see if I could help no matter how sick I felt.

 

I still think he was driving without due care and attention.

[caro]

It might be an idea to make a list of your losses and a cost for replacing the pushchair ready for meeting with the driver.

[heliosuk]

Obviously a traumatic experience. I once had a kiddie jump out in front of me chasing a football and ran into oncoming traffic the other way. Not something I'd like to witness again. But when claiming you have to take the emotion out of it and deal with fact. Insurance companies don't deal in emotion....just a monetary value.

 

Whilst it may seem harsh to say this, your case like the one I witnessed was an accident, as the driver of the car who hit you has been deemed to be not in the wrong but neither not in the right, just as you.

 

If the police felt there was any question as to liability towards the driver he would have been cautioned at the time.

 

Conversely it seems there is a question about visibility so who's to say his version might be you just stepped out in front of him.

 

Personally I'd just go through your house contents insurance and let them argue the toss with the drivers insurance company. I think you'll find it's a 50/50 call here.

 

There are two options here, rely on the goodwill of the driver to compensate the pushchair loss which he will be very, very silly to do as would be an admission of liability or you pursuit through your house insurance and let them argue the toss.

[dx100uk]

it will prob cost him less mone to agree the costs.

 

even if 50/50 or whatever

but once his insurance company catch wind of it

it'll cost him 10x more in increased premiums I bet?

 

dx

[Bobbins04]

@heliosuk as ive said before i also view this as an accident, and this is why ive said i dont want to go through no win no fee and turn it into a money making opportunity.

 

When it comes to visability i was already halfway across the road, i hadnt stepped off the pavement into his path. And the police had said that the sun had reflected of the wet road and thats why they believe he didnt see me.

[Desperate Daniella]

And if the sun was reflecting off a wet road and he couldn't see properly he should have slowed right down.

 

An accident just like yours occurred in front of me a couple of years ago. The road I was on bends slightly to the left and immediately at that point there was bright sunlight reflecting on the wet road ahead. I slowed right down and was crawling but the car immediately in front of me did not and he ran straight into the back of a motorcyclist who had stopped at a pedestrian crossing. Thankfully the motorcyclist was okay and didn't even want to involve the police as he had an appointment to get to but a witness called them anyway. I don't know if he was prosecuted but I do know he didn't slow down at all, and if I couldn't see properly then neither could he.

 

You don't have to go through your own household insurance by the way and I wouldn't in the first instance as it may affect your future premiums. It shouldn't as you were not at fault but some insurance companies can do this. (They will usually back down if you argue!) You have every right to deal directly with his insurance company.

 

Do you know if there was much damage to his car? I appreciate he parked some distance away. If there wasn't much damage he may not have told his insurance company. As dx says, his insurance premiums would definitely rise and I'm sure he's aware of that.

 

It was an accident and accidents happen, but there is no reason at all why you should be left out of pocket. I hope he will appreciate your generous spirit and reimburse you for all your losses.

 

DD

[Bobbins04]

As his car was on our street ive seen it, there are a few scuff marks where we hit his land rover but thats it.

[Desperate Daniella]

A land rover?!!!!! You were so lucky.

 

If it only has a few scuff marks he may well not have told his insurance company.

 

It's his choice. He can pay you for your losses, or you can contact his insurance company.

 

Let's hope he will be agreeable when he meets your husband. If he hasn't in fact told his insurance company he would be better off settling this directly with you.

 

As heliosuk says, he may be admitting liability if he pays you but he'll definitely have to admit to some if not all liability if you claim off his insurance.

 

DD

[crem]

.and now we all understand why our insurance is so high. so many people on this thread advocating the claims culture that fuels it. If people could just seperate the direct financial loss (which should be claimed for and covered) and the ",,oh you need a couple of grand to pay for a holiday to recouperate..." then perhaps we could all enjoy a little bit lower insurances!

[Desperate Daniella]

I for one would like to make it clear that I am not advocating that at all. I think the number of people who claim and get totally fraudulent claims paid out for whiplash, for example, is appalling and of course we are all paying for that.

 

My concern is that Bobbins and her baby don't need any on-going treatment for their injuries which she assures me they don't, and that she is fully reimbursed for her actual losses.

 

DD

[Bobbins04]

As i have said before i am only wanting my costs not a penny more, and wasnt sure if i was entitled to that.

[Desperate Daniella]

Of course you are entitled to that.

[heliosuk]

Of course you are entitled to that.

 

Sorry Daniella, this isn't necessarily so. No blame has been apportioned. Whilst it might seem that the driver is in the wrong, none of us were there. The point I am making is that if the op approaches the driver and he compensates then he leaves himself open to future claims. Whilst I appreciate what the OP is pointing out what has to be borne in mind is what does the OP do if after approaching the driver he says no, refer to my insurance co. You cannot say he was going too fast as if in the opinion of plod he was, he would have been placed under caution pending investigation.

It's worth approaching the driver though the OP might find that he has a very different opinion so the question is what does one do next.

 

BTW..all landrovers now with the exception of the defender are "pedestrian friendly" if there is such a thing, just like any other run of the mill car....they have to be by law. (just for info!!)