Driver in an accident

Road Traffic Accidents Involving Pedestrians

 As we have previously established, it is entirely possible for a pedestrian to be at fault for a road traffic accident, or at least partly responsible.

However, that doesn’t mean that pursuing a claim is always advisable.

In order to gain compensation from an uninsured pedestrian, they must possess sufficient funds. This is because unlike drivers, pedestrians do not have insurance. Those funds can be in the form of money or other assets, such as property. The court can also order an individual to pay a monthly sum. 

However, that does not mean that a driver involved in an accident with a pedestrian cannot be compensated. It is also possible to claim against their own insurance, an option that can often be more fruitful than claiming against an uninsured pedestrian, as long as they have a comprehensive insurance policy. 

So is claiming against a pedestrian always inadvisable?

The short answer is no. 

 The purpose of a claim is to return you to the conditions you were in before the accident. Pursuing a claim against a pedestrian for vehicle damage only might not be advisable, but in the event where the driver has suffered injuries it might be wise to consider this option. 

While that might not happen often when the claimant is driving a car, it is possible to occur if the driver is a cyclist or a motorcyclist. 

In addition to pedestrians, cyclists and motorcyclists are also considered as vulnerable groups in the UK, and as such, susceptible to injuries.  Additionally, cyclists in the UK are not required to have insurance; this could mean that a claim against the pedestrian might be their only choice.

Finally, there is another occasion where a driver can claim against a pedestrian; if a pedestrian causes an accident deliberately. In this case, the claimant can turn to the Criminal Injuries Compensation Authority (CICA). To make a criminal injury claim, a criminal element is necessary; it’s not enough for the defendant to be at fault for the accident, the claimant has to prove that the defendant had criminal intent. Additionally, it is necessary that the claimant has reported the incident to the police. It is also important to mention that these can only be criminal injury claims, given that the CICA does not deal with vehicle damage. Additionally, it is also important to keep in mind that the CICA will also examine the claimant’s criminal record; Past criminal convictions could lead to a refusal or a reduced payment.

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