Pedestrian At Fault
(Posted by Michael O'Ryan Sun, 22 Jun 2008 11:12:00 GMT)
I saw some statistic which claimed that 74% of pedestrians being hit by vehicles were the fault of the pedestrian. Even if the percent was 0.0001% I’m stumped as to who pays when a pedestrian is at fault in a car accident.
I did some googling and nothing. I do remember seeing something about the NRMA or some similar australian insurance company suing children for damages caused in car accidents that were their fault. However it was in the context of an article condeming the insurer as a money grubbing organisation.
I would assume if some pedestrian steps out infront of you then they’d have to pay or it would be built into your insurance premium as an accident that wasn’t your fault. Thus no no-claim penalty.
Or am I looking at this all wrong and every single car accident where a pedestrian is hit by a motorvechicle is a fault of the driver under the law?
I would’ve assumed your CTP covers it. I think the assumption is that even if it’s the pedestrian’s fault, it’s not the pedestrian’s fault, generally because they get hurt a lot, and you don’t get hurt at all. I also expect that you would shell out the excess to get your car fixed because of how traumatising it was to watch a guy’s skull explode onto your windscreen.