Pedestrian Walks Out In Front Of Car. Who's Fault

[owenbowen]

On a dark night on an unlit road, a man dressed head to foot in black stepped out in front of my son's car. Luckily not too seriously injured. My son reported the accident to the police and offered to take the man to hospital which he declined although he did require treatment for a dislocated shoulder. At the time he admitted it was his fault as he had never looked to see what traffic was coming. However now, just under the 3 year deadline he is suing my son. My son's insurance company say he just has to accept that he is at fault because that's how it is if a car hits a pedestrian. This doesn't seem right to me can anyone clarify please.

[FredPuli43]

Eddie is being a touch pessimistic! The pedestrian looks to be, if not wholly, at least partly to blame; I'd put it at 90 per cent or more 'contributory negligence' which means his claim fails. The time lag is significant. The claim reads like a response to an advert by claims farmers, rather than a sincere belief on his part that the man was wronged.

[boxtops]

The three years is right though, otherwise the statute of limitations applies.

[EDDIE51]

I was told the bit about it always being the drivers fault if a cyclist or pedestrian get injured by a traffic policeman in Cambridge ( cycle city) I reported a dangerous cyclist and was warned , ''don't ever hit a cycle as it will ALWAYS be regarded as your fault and your insurance will pay''

[Mobius1]

A few weeks ago I received a cold call from someone who had my name and wanted to speak to me about the traffic accident I had a few months ago.

Suffice to say I told the man where to go as no accident has occurred.

Of course, they just get people's details from wherever and work on luck. Sooner or later they're going to call, text or email someone who has had an accident and who's stupid enough to go through with things. The chap hit by the car just under 3 years ago, for example. The culture of blame is sickening, with these shady companies pretending to be on your side when they are profit hugely from these activities which are driving everybody's insurance premiums up.