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Compensation Query

  • 16-01-2010 10:31pm
    #1
    Sully
    Moderators, Education Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 24,056 Mod ✭✭✭✭


    I was recently told that, at least for Irish law, if a pedestrian is in an accident with an oncoming car they can claim compensation through the drivers insurance. Is this true?

    Seems crazy to me if the driver isn't at fault you can still get screwed. Scary thought if so.


Comments

  • #2
    McCrack
    Registered Users, Registered Users 2 Posts: 2,997 ✭✭✭McCrack


    If a pedestrian is at fault (author of his own misfortune by walking out in front of a car) liability will generally not attach to a driver hitting him providing the driver of the car was driving in a manner that was reasonable at the time of impact.

    The drivers ins or the MIBI if the driver has none will always cover third party.


  • #3
    Sully
    Moderators, Education Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 24,056 Mod ✭✭✭✭Sully


    But if the pedestrian is at fault, why is insurance needed? Is it in the event the car is damaged?


  • #4
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    If the pedestrian is at fault, you sue them. Simple.


  • #5
    Carawaystick
    Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭Carawaystick


    But a car has to be driven safely and with consideration for other road users. so If there are pedestrians about you need to be able to stop in time. unless they suicidely jump out in front of you, you shouldn't hit a pedestrian.


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