VIC Car Accident with Pedestrian - What to Do?

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HarryTran156

Member
22 July 2016
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I just had a car accident today with a pedestrian. I was driving legally crossing an intersection and suddenly, a pedestrian was running across the road and I hit him. I contacted the police and they concluded that it was not my fault. Unfortunately, my windscreen is broken along with some other parts of the car. So what can I do in this situation to get my car fixed?
 

Rod

Lawyer
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27 May 2014
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Contact your insurance company and let them sort it out.
 

Rod

Lawyer
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27 May 2014
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So you only have 3rd party insurance. They are unlikely to help you however it's been a long time since I had 3rd party only so not sure. It is worth at least one call to them to check.

Otherwise you either:
1. Pay for repairs yourself or
2. Get quotes, get pedestrians details from the police and send them a letter asking them to pay.
 

HarryTran156

Member
22 July 2016
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I'm planning to ask the pedestrain to pay since it's his fault in the end. So does he legally have to pay for it?
 

Tim W

Lawyer
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28 April 2014
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What exactly do you mean when you say your insurance is "one way" ?

Apart from one constable's on-the-fly roadside opinion
(which, outside of court, is pretty much worthless),
what other evidence do you have that it was the pedestrian's fault, and not yours?
 

Ponala

Well-Known Member
10 February 2015
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You need to better describe the accident, it depends on the circumstances as to who is at fault.