What Are My Rights if I’m an Uninsured Pedestrian Injured by a Car?

Understanding Your Rights in a Car Accident

If you are an uninsured pedestrian and are hit by a car, you might wonder whether you have the right to claim compensation. The legality and feasibility of a claim are often dependent upon various factors. This article will help you navigate the complexities of seeking compensation when you are an uninsured pedestrian injured by a car.

Can I File a Claim?

One of the first steps in pursuing a claim is to determine whether the driver's insurance company will cover your expenses. Whether they will pay or not depends on several factors, including fault. If the accident was largely your fault, the driver's insurance company may not compensate you.

Important: If the driver involved in the accident stops and provides their details, you should claim from their insurance promptly. However, if they flee the scene, the situation becomes more complex. In such cases, it's crucial to report the incident to the police, as they will deal with it as a hit and run. The police may eventually locate the driver, allowing you to make a claim.

How to Pursue a Claim

Even if the driver isn’t found, you may still be able to pursue a claim through a “no-win no-fee” legal firm. These firms, often advertised during late-afternoon TV shows on ITV2, offer legal assistance without the need to upfront payments. However, be aware that your legal representative will likely take a significant portion of any compensation, often more than 50%.

What You Can Claim For

When pursuing a claim, you can seek compensation for several types of damages:

1. Medical Expenses

The extent of your injuries and the documentation from your doctor or hospital will play a significant role in determining the value of your claim. Injuries such as amputations or severe damage will be compensated more than minor injuries like grazed knees.

2. Lost Earnings

If you have to miss work due to the accident, you can claim for the loss of earnings. This includes all income you missed while the injury prevented you from working.

3. Travel Expenses

You can also claim for travel costs incurred traveling to and from the hospital for follow-up appointments. While ambulance rides are typically free, costs for subsequent care, such as minicab rides or bus fares, are reimbursable.

4. Damaged Clothing

Any damaged clothing resulting from the accident can be claimed.

5. Caring Responsibilities

If a partner or family member had to take time off work to care for you, this can also be factored into the claim.

Limitations and Considerations

It's important to note that insurance companies will thoroughly investigate accidents, including reviewing CCTV and dashcam footage. Being prepared with evidence and documentation will strengthen your claim.

In conclusion, as an uninsured pedestrian, you do have rights, but the path to compensation may not be straightforward. Seeking legal assistance through a no-win no-fee legal firm can help you navigate the process, but be prepared for it to be a challenging and time-consuming undertaking.