Injury Claims for a Pedestrian Hit by a Car
In order to claim compensation for a pedestrian hit by a car, it has to be shown that the car driver was responsible for causing the accident due to a lack of care. In a significant number of injury claims for a pedestrian hit by a car – particularly those made on behalf of children – the person responsible for the accident is not the car driver, but the accident victim; who has failed to pay due care and attention before walking out onto a road.
Consequently, claims for compensation for a pedestrian hit by a car have a high likelihood of being contested, and it is your best interests to speak with a solicitor about the accident and your injuries prior to applying to the Injuries Board for an assessment of your claim. The solicitor will be able to advise you on whether you have a claim for compensation for a pedestrian hit by a car which is worth your while to pursue, and – if so – warn you of any objections there may be before your claim is settled.
Claiming Compensation for a Pedestrian Hit by a Car
When you make injury claims for a pedestrian hit by a car, the Injuries Board will seek permission from the negligent party´s insurers to process your application for assessment and – provided it permission is forthcoming – calculate how much compensation for a pedestrian hit by a car you are entitled to. Their “Notice of Assessment” should not only include compensation for your pain and suffering, but also your emotional trauma, any impact your injury has had on your quality of life and the financial consequences of being injured in the car accident.
In order for the Injuries Board to complete an accurate assessment, you will have to provide them with a medical report from your doctor and receipts or payslips to justify your claim for your financial losses. You will also have to convey how your injury has affected your quality of life and provide a psychologist´s report if you wish to claim compensation for an emotional trauma. The Injuries Board can only assess injury claims for a pedestrian hit by a car on the information they are provided with, so if you are in any doubts about how to complete the application for assessment, speak with a solicitor.
What Happens When Injury Claims are Contested?
If permission is denied for the Injuries Board to conduct an assessment of your claim, or how much your claim is assessed for is disputed, the Injuries Board will issue you with an authorisation to pursue your claim for compensation through the courts system. This does not necessarily mean that you will have to go to court to have your claim resolved, as negotiated settlements of injury claims for a pedestrian hit by a car are common – particularly when liability was denied because you, or a child on whose behalf you are claiming, partially contributed to the cause of the accident.
If you are claiming compensation for a pedestrian hit by a car on behalf of a child, a court appearance is unavoidable. You will first have to appointed a “next friend” by the District Court to make an injury claim on behalf of your child and, when the claim has been resolved, the settlement of compensation for a pedestrian hit by a car will have to be approved by a judge to ensure that it accurately reflects the injuries that your child has suffered.
Hit and Run Accidents and Claims against Uninsured Drivers
If you or your child has been injured in a hit and run accident, or the driver who hit you has no insurance policy against which to make injury claims for a pedestrian hit by a car, you can still recover compensation for a pedestrian hit by a car. Your claim for compensation would follow the same Injuries Board process as above, but the “Respondent” on the application for assessment would be the Motor Insurers Bureau of Ireland (MIBI).
MIBI is a body created by the insurance industry in to ensure that victims of road traffic accidents – including pedestrians hit by a car – are able to claim compensation when the negligent driver is untraceable or uninsured. Unfortunately, being funded by the insurance industry, MIBI is not a charitable organisation. Injury claims for a pedestrian hit by a car are equally likely to be contested if there is any doubt over liability for your accident or dispute over the assessment of your injury claim by the Injuries Board.
Speak with a Solicitor about Compensation for a Pedestrian Hit by a Car
Due to the potential pitfalls when making injury claims for a pedestrian hit by a car, it is always in your best interests to speak with a solicitor about compensation for a pedestrian hit by a car – ideally as soon as you have received medical attention for your injuries and before you apply for an assessment of compensation to the Injuries Board.
In the event that you are approached by an insurance company (or the MIBI) with an unsolicited offer of compensation, you solicitor will be able to check that it is appropriate for the level of injury you have sustained and the implications to your quality of life and financial status. If it is not, the solicitor can negotiate an interim payment of compensation for you while a more appropriate settlement is negotiated.
Should your child have been injured, the solicitor will be able to guide you through the process of claiming compensation for a pedestrian hit by a car on their behalf; or – if you have already received a Notice of Assessment from the Injuries Board – check that the assessment accounts for every element that you are entitled to include in injury claims for a pedestrian hit by a car.