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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
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, I had accident and that is not my fault. I drop my wife

Resolved Question:

Hi, I had accident and that is not my fault. I drop my wife from work at morning at 6 am. Weather was dry. To way back to home one pedestrian just standing on divider and suddenly he jump in front of my car. He had not visible injuries. Ambulance and police called. Police took my statement. Police inform me that they check CCTV and found that pedestrian standing on divider from last 5 to 10 minutes. I called insurance company on same day and gave all information. They arrange repair and pass my case to third service provider "Service Underwriting Ltd". They also send my case to self employed insurance adjusters. He called me and ask that they want my writing statement. This adjusters called behalf from my insurance company. I don't received any letter from my insurance company stated that they will ask this kind of statements. Now my questions are 1) Do I have to give writing statement to insurance adjusters by law 2) What are advantages 3) What are disadvantages Thanks

Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

Is the pedestrian claining from you for his injuries?
Customer: replied 2 years ago.

No sure.

Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
There is no legal requirement for you to give a statement to insurance co or adjusters but if you refuse to do so, the insurance company can refuse to deal with your claim.
It is a term of the contract with the insurance company that you cooperate with them in the event of a claim.
Provided you tell the truth on the statement, which I am sure you will, there should be no problem in giving that statement.
If you don’t give a statement to the insurance company or the loss adjusters acting on their behalf can think that you are hiding something.
In circumstances like this you do have to cooperate with the insurance company or risk having to deal with the claim yourself.
If the pedestrian does decide to claim from you for his injuries which he could easily do if he says that he was in the middle-of-the-road when you drove past then you are going to need the cooperation of the insurance company to deal with this. If there is CCTV, which you say there is, this will of course disprove the pedestrian’s version of events
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Hi,

Thank you for your answer. 1) I have't received any documentation from my insurance company to asking my writing statement. 2) How I can secure my self if pedestrian does decide to claim 3) If pedestrian does decide to claim do I have to pay anything to him or insurance company pay to him 4) What is the time limit for him to decide to claim.

As I am sure he did by purpose.

Thanks,

Ronak

Expert:  Jo C. replied 2 years ago.
1 - the insurance company will instruct the loss adjusters to deal with this and you must deal with the loss adjusters. You don't need to do anything until they ask you but you do need to make sure they have everything that they ask for.
2 - If you hear anything at all from the pedestrian, passage straight over to your insurance company to deal with.
3 - If the pedestrian does claim, you don't pay him anything, just leave it with his insurance company
4 - he has three years from the date of the accident to issue legal proceedings in negligence which would cover his injuries.
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