The other day I went downstairs to collect my post, and found an unsettling letter from my insurance company which I was hoping you could help with.

 

Last July I hit a pedestrian at a crossing, I was genuinely doing 30mph but misjudged the lights, they turned to amber as I was too close to stop safely, and they turned to red as I went through them. I'm sure this is something that has happened to all of us, however there were a few people at the crossing, and one of them (a rather large girl) stepped out as soon as the light turned red looking the opposite way to the traffic. I slammed the brakes on but a woman of that size is hard to avoid and I collided with her. It rattled my bike but I stayed on and pulled over to the side of the road. In all honesty my bike was in a worse state than her, I lost a mirror and got some bodywork damage, which cost a few hundred pounds to fix. The girl was at the side of the road crying and had a cut going up her shin. We were taken to the hospital together and I had dislocated my shoulder from the impact, I asked the nurse and she said the girl was fine, she just had a few cuts and bruises.

 

The Police did a small investigation and found that we were both to blame, me for not stopping and her for stepping out. I was charged £80 to go on a riding course, and was told that would be the end of it - hence my surprise to find this letter. My insurance company said that they have been notified of an accident in which I failed to stop at a pedestrian crossing when the lights were on red, consequently colliding with a correctly proceeding pedestrian. Firstly, this was news to me, as I had been telling people I hit a HGV, but in all seriousness, as a crossing you wait for the green man before you start to cross, and you definitely check both ways before you cross. Also in the letter, I'm told the girl had: 'Whiplash and soft tissue damage'

 

I know the estate the girl is from, and it's a poor area full of doll scum and alcoholics, which I know her father is - He's the one who came up to me in the hospital stinking of booze asking if I had insurance, it's for these reasons that I can't help but feel I'm being taken for a ride by these people. The Police resolved the issue and I have completed the riding course, so surely there must be something I can do.

 

Thanks for all the help in advance.

      

It appears to me that your insurer has received a letter of claim from the girl’s legal representatives which no doubt misleadingly states that you ran her over as she was correctly proceeding across the pedestrian crossing. They have omitted her failure to wait until the path was clear and to look to check that it was safe to cross with the green man illuminated. You need to let your insurer know the true circumstances of the accident and suggest to them that they obtain the police report which you state apportions blame between you. Whilst, if she did actually sustain actionable injuries, her claim will likely succeed at least it will be reduced significantly by virtue of her contributory negligence.

 

You could consider a personal injury claim against the girl based on the police report apportioning blame equally. I note that you sustained a dislocated shoulder and financial losses. The potential problem will be her ability to pay damages. It may be that her parents have household contents insurance which includes third party liability cover for negligence of household members leading to injury or financial loss. This cover if far more common than people think although whether the people as you describe would have household contents insurance would be questionable.