Has anyone ever sued a pedestrian?

[DJP]

Back in February a drunk pedestrian ran out in front of me on a dual-carriageway.

I had minor injuries, he had more serious injuries and my bike was damaged.

The police investigated at the time and found no evidence of any blame on my part.

I claimed on my own insurance for the damage to the bike and that was that.

Now 9 months on, Mr Pedestrian has found himself an ambulance-chasing lawyer who is trying to sue me (or at least my insurers) for compensation – making all sorts of wild allegations of speeding, dangerous driving etc etc (none of which they can prove of course).

I know that they're just trying it on to get a few grand out of my insurance, and it's not going to cost me personally, but it is putting me to inconvenience (and form-filling) and hell, I was injured too, I'm out of pocket and it was his fault.

I was going to let it go, but now he's being a dick about it, I'm tempted to stick in a counter claim just because.

Has anyone ever done this, and if so what was the outcome?
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[Pie-Roe]

I would do it as much as possible. You did the right thing, and now he's trying to shaft you. I hope you have success.
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[RhynoCZ]

As I see it, with the police reports etc., you can't lose this one. I'd go for it and sue. I'd also demand a compensation for non-material damage, that you don't feel well since then, psychically, and the recent actions of the pedestrian made you feel bad again etc.

This is a typical lawyer scum move right there. He must be certain he can't win any litigation, yet he does not care because he is paid by hour not for him winning.
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[Val]

I see there are such cases:

https://forums.moneysavingexpert.com/showthread.php?t=4124617

Pedestrian is no different then any other party.

It is about establishing liability by the judge.

It is important that first you contest their claim, because it appears they are trying to establish some kind of fault of you. Actually they could have filled "Non fault" injury claim against your insurance and still get some money. Which is fine.Just make sure your insurance company contest their attempt for your fault based injury 3rd party claim.

You also can do counter claims one to get excess money and one for your personal injury.

You can do that via your insurance company, but they usually use crappy 3rd party lawyers.

It is better to get good no win no fee lawyer like White Dalton to do your claims.

Get good lawyer and do it.

He may be covered by his personal 3rd party insurance (like home ones) in which case you will get your money from his insurance company.
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[.Bishbash.]

Yup, another vote for go for it. You can sue anyone, or try to. I'd suggest a trip to CAB though to get some solid grounds on what you need to do and how you can accomplish this.

And yes, the Police reports will be a huge ball in your court.
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[Rogerborg]

[weasley]

Don't forget that there's a different burden of proof in civil matters compared to magistrate/criminal. It's about "balance of probability" rather than "beyond reasonable doubt", which is why a well-worded, well-researched case is a must (and hence may need a solicitor who is familar with civil litigation).

In the end it'll come down to who can best convince the judge that what they said happened probably did happen.

I got shafted many years ago. I was accused of driving into another car and then driving off. Whilst I was in that town at around that time, I didn't have any kind of accident and wasn't even aware of one. All the evidence provided by the CPS pointed at a case of mistaken identity (the description of the driver wasn't at all like me, nor that of the car). All they had was a hand-written number plate on a taxi receipt that was taken by the taxi driver as the offender drove off. On magistrate court day the CPS went to present their case when they discovered the Thames Valley Police had thrown the receipt away. No matter - the chain of evidence was sound because they had an evidence logging record. On this record was written that the evidence was a taxi receipt with registration number XnnnXYZ. My number was XnnnXZY. The magistrate threw the case out.

But THEN the aggrieved party sued me, or at least my insurers, for their losses. My insurers, despite believing I was being truthful, paid up on the basis that they couldn't guarantee that the judge would believe their case more than the other side's if it went to court.

That particular episode hung heavy around my insurance history for several years, despite me genuinely having had nothing to do with it. That's how balance of probability can screw you.
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[Rogerborg]

Something I've never been able to determine is whether you can instruct your underwriter to not indemnify you. Or if they do it without your agreement whether you can then recover your consequent increased insurance costs from them.

arry?
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[iooi]

[DJP]

[skatefreak]

Keep us informed

[someotherguy]

[J0Al1]

[DJP]

[skatefreak]

If said claimant is indeed being such a poop stick I would agree he needs to be put straight,
Recommendation to OP: put up a fight and counter sue for damages, injury, emotional distress and the kitchen sink...

Extra lollz if claimant is not covered by insurance (which although detrimental to OP ever seeing a penny is +++ for Karma justices!).

In all seriousness, some people are just jockeys who will do anything to get a few bucks out of anyone and everyone for anything what so ever.
Said jockeys deserve everything they get and hopefully if they get a big bill on their matt they may reconsider their future conduct towards others...

[MarJay]

What's the betting that the drunkard had a call asking to speak to him about 'his accident'...?
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Remember kids, bikes aren't like lego. You can't easily take a part from one bike and then fit it to another.

[DJP]

[Itchy]

Somebody probably Sickpup wrote something about writing to their solicitors about them trying it on and accusing them of fraud which would stop them in their tracks.

Something like that?

THEN you sue them back.
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[MCN]

[RhynoCZ]

Interesting twist in the story line, so the drunk pedestrian becomes the allegedly drunk pedestrian, therefore sober in the court of law, I'm afraid.

Well, I can't speak for the court, I've never been to any UK court, but as this is not criminal proceedings, I think the witness statement of a respected member of society (the off-duty police officer) should be enough to support your case. Even if not, I do suppose pedestrians are not allowed to cross the dual-carriageway just like that, crossing the rails, fences and so on.
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[MCN]

[iooi]

Don't look good If anyone will have done what the OP wants then a cyclist will have been at the front of the line....

[Ste]

That article is about pedestrians being prosecuted rather than having an insurance claim made against them.

Anyway, a few years ago (15-20) some kid in a multi story car park ran straight into the front wing of my mums car whilst she was driving, damaging the wing, the bonnet and probably other stuff as well. Their home insurance paid for repairs, the kids parents being of the opinion that it was their kids fault made it an easier situation than the one you're in.

[andy-b2]

[arry]