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VIC Car Accident with Pedestrian - What to Do?

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

  1. HarryTran156

    HarryTran156 Member

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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?
     
  2. Rod

    Rod Well-Known Member

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    Contact your insurance company and let them sort it out.
     
  3. HarryTran156

    HarryTran156 Member

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    My insurance is one-way. So do you think they can do anything? Like chasing the pedestrian?
     
  4. Rod

    Rod Well-Known Member

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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.
     
  5. HarryTran156

    HarryTran156 Member

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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?
     
  6. Tim W

    Tim W Lawyer

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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?
     
  7. Ponala

    Ponala Well-Known Member

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    You need to better describe the accident, it depends on the circumstances as to who is at fault.
     

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