andygardener Posted December 1, 2012 Share Posted December 1, 2012 Many years ago I ran into a drunken pedestrian who staggered into the road. The impact caused him to smash into my windscreen and shatter it. The police absolved me of any blame but I still had to fork out for the damage to my car. I was insured third party fire and theft and could have gone down the route of suing the man involved but this would have been a long and drawn out process. It's very frustrating; especially if, like I was, you are not in a very strong financial position. In my case I put it down to experience and spent some time off the road until I could repair the damage myself. I feel really bad for your sister-in-law but she may have to take this one on the chin. Had a very similar situation to yours though mine involved a pair of drunks rather than a single drunk. Wound up with a big bottom imprint in the shattered but intact windscreen, damaged bonnet and a dented wing from the other one. Was doing well under the speed limit at the time, braked as soon as I saw them stagger in front of me and promptly cleared of any culpability by the police who came and took all the relevant skid measurements, breathalised me etc. Still left with a repair bill for the bonnet and wing but my insurance co of the time were very decent and provided a free windscreen with no forfeit of no claims and allowed me to pay for the repairs myself while keeping full no claims (which worked out cheaper in the medium term). The alternative to brake as quickly as possible would have been swerve into the path of an oncoming bus, not an option my gut reaction choose fortunately. Link to comment Share on other sites More sharing options...
Moosey Posted December 1, 2012 Share Posted December 1, 2012 Whilst it is 3 years to file a claim the insurers can keep a claim open for longer and if it is a child they have up to at least their 18th birthday to file a claim. The insurers can do as they please, but the law remains the same. They will plead limitation on every case that's brought and not issued within three years, I can assure you. They can keep it on file longer, but no insurer will pay any damages to a claimant who brings their claim longer than three years after the accident, unless there was a valid S33 argument. Children by the way have until their 21st birthday. The primary limitation period starts on their 18th birthday. Link to comment Share on other sites More sharing options...
Skink Posted December 1, 2012 Author Share Posted December 1, 2012 This sounds lie a story concocted to win sympathy and evade responsibillity.Did she use the brakes,a key factor in stopping a vehicle?Has the drunkard been checked for alcohol consumption or are we taking the drivers word.She is a remarkable observer if she can identify inebriation when driving. gee, thanks for judging me ! - I will file this under "Troll" and ignore I think maybe you would like to see the skid marks, police report and very distressed individuals involved before you actually give a s*** about another human being Link to comment Share on other sites More sharing options...
Moosey Posted December 1, 2012 Share Posted December 1, 2012 gee, thanks for judging me ! - I will file this under "Troll" and ignore I think maybe you would like to see the skid marks, police report and very distressed individuals involved before you actually give a s*** about another human being You'll get people like that I'm sure, sadly. I don't protect my no claims. Things like this do make me wonder whether that's a mistake, I have to say. Link to comment Share on other sites More sharing options...
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