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Old 04-16-2016, 04:30 PM   #1
MummyTwigs
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RTA involving mobility scooter

Hi, I'm hoping for some advise as I'm struggling to find anything online about my rights or what I can expect from this.

I was driving down a main road today at around 20-25mph when an old man on a mobility scooter drove out in front of me from a side road - not from the pavement, but from the actual side road as though he was a car. I slammed on my brakes and swerved round him, thankfully there was nothing oncoming. I don't think he saw me, however, as it didn't seem like he made any attempt to brake and did not swerve to miss me. Subsequently he collided into my passenger wing. He bounced off and wobbled around a bit but he remained on his seat and the scooter was upright the whole time. My (37 week pregnant) sister was in the front passenger seat and she rang for an ambulance and the police whilst I drove the car to the side of the road and, after checking on my passengers (my four year old was also in the car), got out to check on the man on the scooter. The gentleman was awake and talking and aside from his glasses falling off seemed perfectly fine - even his glasses were undamaged when they were returned to him. He smelled very strongly of liquor and was clearly inebriated. The ambulance came and the gentleman refused any medical help or examinations. I spoke to him and the paramedics and mentioned about the police not being there yet. I was outwardly upset and shaken by the whole thing. The gentleman said at this point that he could not stay to speak to the police, that he was on his way to see his wife and take her purse to her at Iceland and he couldn't wait. I asked him to please give it a few minutes as it would be best if they spoke to him too but he insisted he wouldn't stay and asked the paramedics if they were keeping him. They advised they couldn't force him to stay but said it was in his interest to speak to the police, he said he wanted to go. I asked if we could change details and he told me "they have them" pointing at the paramedics. I confirmed with them that they had his address but he could not remember his phone number and only gave a first name. He drove off (down the middle of the road) in the opposite direction to Iceland. A few minutes later we saw him driving down the road he had come out of, it turns out this is actually the street he lives on so we think he just circled the block and went home.

It left a size-able dent in the wing of my car, buckled the rim of my tire causing a puncture, and due to how the dent had folded my front passenger door would not open. It had to be forced open by the paramedics so that my sister could get out. She was examined in the ambulance and later taken to hospital as a precautionary measure whilst they monitored her and the baby until they were satisfied that all was ok and she was allowed to come home. My son seems fine, though he has woken up once already with bad dreams about "the man on the red trolley", and I'm still a bit shaken up and my back hurts but I think that's just due to the stress and tension of the day. The police came and took my details (and breathalyzed me), and took a statement from a passerby who stayed behind as witness and confirmed my version of events. They told me that as it is not a legal requirement to have mobility scooters insured it was hard to say the best course of action. I am awaiting hearing back from them, I believe they went to the gentleman's home address and spoke to him but when I rang earlier they were unable to tell me more and said they would ask the office who dealt with this to call me tomorrow as everything had not been logged yet. They told me that my car was still drive-able (with my spare tire on) and I was free to go.

I've spoken to my insurance company and advised them what has happened, but they have said that I could be liable my excess (495). I really don't feel like this is my fault, I stood no chance of stopping when he drove out in front me at such a close range and even the officer on scene said it was clear that this collision was the Third Party's fault as all the damage is on the side of my vehicle.

Where do I actually stand in a case like this? If the guy has no insurance then my insurer will have no one to claim off or dispute liability with so will this mean I just have incur the costs myself? If he does have insurance will I even have a chance of it going in my favor since I was in a car and him on a scooter?
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