[M27]

Hi I just new advice

I was driving and long story short a pedestrian ran infront of me
my grill, bumper and windscreen had to be replaced

I had chameleon tint on the windscreen fully legal and my number plate was a custom 4d gel which cost some money

When I received the car back after repair the number plate was a standard one and the windscreen had no tint.

I have motor legal protection, is there any way I can claim back the cost.
My insurance company are saying I cannot due to there being no TP

I also have an appointment booked in with robertson an investigation company to investigate and I was told I can claim back from them.

I had also paid an excess which my insurance are saying is non refundable

Any advice will help

[Santa]

If you have the details of the pedestrian, you may be able to make a claim from them. I knew someone who did this and the person he hit was covered by their house insurance, so they paid out.

[Drivingforfun]

Just to double check but were the modifications fully declared and insured?

If so, I’m struggling to understand why they’d repair some things but not others?

If their argument of no third party was valid, surely they’d have used that to avoid paying out anything at all

[TC1474]

You "May" be able to claim from the pedestrian, but don't hold your breath as many car/pedestrian claims in recent years have gone in favour of the pedestrian for a whole number of reasons.

Firstly, be careful of using a claims management or investigation company (I will say no more than that, just be careful).

If it were to go to trial, the Judge will look at the circumstances, in particular the location. If it is an area that is a high pedestrian density area then there is a big chance that the claim will fail or you will be hit with a large degree of contributory negligence. Why?

What the judged have been saying is that if it is in a high pedestrian population area, then you as the driver should be aware of the potential for a pedestrian to do something stupid and therefore drive with that anticipation in mind.

Even though it is the pedestrian that caused the impact, you as the driver are often held liable.

If it happened in a more rural or less populated area, then you may have a bit more success, but this has been countered in recent months by the additional rules in the Highway Code regarding pedestrians, and so a degree of contributory negligence might be levelled at the driver.

Was the pedestrian injured?

Is there a claim coming your way for injuries sustained by them? Statute of limitation is 3 years for personal injury. Don't be surprised.

A few years ago I investigated a car v pedestrian crash. The pedestrian was drunk, stepped out into the road int the path of the approaching vehicle and was badly injured.

Liability went fully in favour of the pedestrian on the grounds that I said. It was a high pedestrian density area, late at night with the possibility of drunk people randomly walking into the carriageway. It was held that the driver should have anticipated that possibility and driven accordingly (His words not mine)

In another a drunk was lying unconscious in the road because of drink, again got hit and liability went in the drunks favour for the same reasons.

Even if you were successful against the pedestrian, do they have sufficient insurance cover through house contents insurance or other policies that would cover any liability and legal costs? Probably not.

So if a judge were to make a n award in your favour, chances are you would get drip fed at (for example) £1 a month as being all they can afford.

If you put it in the hands of solicitors, the claim has to be worth £5,000 or more before that can start claiming legal costs back, so it would result in you having to issue proceedings yourself.

So good luck, but don't hold your breath.

[M27]

@Santa no details of the pedestrian as they were drunk and were unconscious after they hit my car. The police are still doing a report

[M27]

@Drivingforfun no modifications were declared because i did not want to pay extra for declaring the mods as my insirance is already expensive as it is

[M27]

@Drivingforfun i have already received the car back and it is repaired back

[M27]

@TC1474 i dont think the pedestrian had any insurance as he was drunk and looked like a crackhead. No TP were involved so insurance cannot claim.

I am using roberston for investogation through esure

[TC1474]

Originally Posted by M27

I am using roberston for investogation through esure

Its your money 🤔 If you think it is going to do you any good, then fair play, but having dealt with more of these types of crashes than I can shake a stick at, don't be surprised when you end up out of pocket and the result remains the same.