Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

VIC Car Accident with Pedestrian - What to Do?

Discussion in 'Traffic Law Forum' started by HarryTran156, 22 July 2016.

  1. HarryTran156

    HarryTran156 Member

    Joined:
    22 July 2016
    Messages:
    3
    Likes Received:
    0
    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?
     
  2. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,965
    Likes Received:
    397
    Contact your insurance company and let them sort it out.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. HarryTran156

    HarryTran156 Member

    Joined:
    22 July 2016
    Messages:
    3
    Likes Received:
    0
    My insurance is one-way. So do you think they can do anything? Like chasing the pedestrian?
     
  4. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,965
    Likes Received:
    397
    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.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  5. HarryTran156

    HarryTran156 Member

    Joined:
    22 July 2016
    Messages:
    3
    Likes Received:
    0
    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?
     
  6. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

    Joined:
    28 April 2014
    Messages:
    1,998
    Likes Received:
    471
    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?
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  7. Ponala

    Ponala Well-Known Member

    Joined:
    10 February 2015
    Messages:
    169
    Likes Received:
    20
    You need to better describe the accident, it depends on the circumstances as to who is at fault.
     
Loading...

Share This Page

Loading...
gt;