Pedestrian Accident FAQ-1
What should I do when involved in a pedestrian accident?
Take names, addresses and telephone numbers of witnesses and take photographs of the scene and location. You should also contact the Police immediately and report the incident.
Should motorists give right of way to pedestrians?
Yes
Can I make a claim for compensation for injury in an accident?
Yes if you can show that someone was negligent
How would I prove someone was negligent?
Your solicitor would build a case and present it to the insurer on the other side. If it does not settle it would go to Court.
How long will the case take?
Simple cases can take a few months. Complex cases can take several years.
Will I have to go to Court?
The vast majority of claims settle before they go to Court however if the case does not settle before Court, you need to prepare to give evidence.
Is there anything I should prepare before I speak to a solicitor about my injury claim?
It is helpful to have details of times and date of the accident along with names of any witnesses. If you can provide photographs or sketches of the accident location that is very helpful.
Should I keep any information regarding expenses incurred?
Definitely keep receipts. Common claims involve travelling expenses, prescription costs etc.
If a solicitor takes my case on a `no win no fee basis`[conditional fee] will I have to pay an insurance premium?
Some solicitors will ask you to pay an insurance premium before accepting a `no win no fee` case. This covers the defendants costs if you lose the case.
I am struggling financially due to my accident, it is possible to receive an early payment of compensation?
Sometimes your solicitor will be able to obtain an interim payment to cover such matters as car repairs, towing, storage charges, and reimbursement of immediate expenses.
The driver left the scene without leaving details can I make a claim?
You still may be able to make a claim from the Motor Insurers Bureau, your solicitor can advise.
If I was partly to blame will it affect my compensation?
If you are partly to blame it normally means that your compensation is reduced by the %age that you were to blame.
If, for example, you were 10% to blame then your compensation would be reduced by 10%
The driver who struck me was not insured. Can I make a claim?
You still may be able to make a claim from the Motor Insurers Bureau, your solicitor can advise.
My pedestrian accident was caused by the pavement condition being poor, can I still claim?
Highways Authorities have duties to pedestrians to ensure that roads are kept in a safe condition. This includes both roads and pavements.
In these circumstances a pedestrian tripping because of a defective surface may have a claim and should discuss with their solicitor.
