Car mounts pavement and hits pedestrian

Car mounts pavement

Philippa Hope approached Jodi Gordon at a walking and cycling event in October 2015 and described how she had been involved in a road traffic incident in January 2015. 



At around 5.00pm on 22nd January 2015, Philippa was making her way from work at the Royal Infirmary of Edinburgh to the bus stop on Old Dalkeith Road. She was walking along the pavement when suddenly a car mounted the pavement and knocked her to the ground. Astonishingly, the driver didn’t stop and drove off. Luckily, a witness, travelling behind the car followed it and got a note of the registration number. He then phoned the Police before returning to the scene to help Philippa who required medical treatment for her injuries from paramedics.

Initially, Philippa thought the Police would deal with matters and her main concern was that the driver should be apprehended and charged. Although the police didn’t attend the accident, they did speak to Philippa and were also away of the vehicle registration number. For several weeks and months, nothing appeared to be happening. Philippa felt she was getting the run-around and her case was being passed from pillar to post. Eventually, the police told her that they had been unable to trace the driver of the vehicle. Whilst they had details of the vehicle registration number, they could not verify who the driver had been at the time of the collision given that there were a number of people named on the insurance policy. A period of six months elapsed before the Police were able to finally trace the driver. Unfortunately, by that point, it was too late to submit a report to the Procurator Fiscal and therefore no criminal charges could be brought against the driver!

Philippa was extremely disappointed with the police investigation and therefore discussed matters with Jodi Gordon when she met with her. Jodi explained to Philippa that she was entitled to claim damages in civil law and, as Pedestrian Law Scotland are experts in claiming damages for those injured in road traffic collisions, Jodi agreed to take her case on.

A claim was intimated to the driver’s insurance company and liability was admitted. Several offers were made to settle Philippa’s case, but the offers made were far too low. Although fortunate not to have sustained a serious injury, Philippa did damage her pelvis and needed on-going chiropractic treatment. Faced with an insurance company failing to increase a low offer, Jodi raised Philippa’s case in the Sheriff Court and within six weeks of the action being raised, a more sensible offer of £5,445 was put forward and duly accepted.

Philippa commented, "Paying £10 to get into Cyclefest and then meeting Jodi of Pedestrian Law Scotland was the best £10 I have ever spent. Jodi's advice and support were excellent from day 1. I am still very disappointed with the police, their inability to follow up with the witnesses and subsequently trace the driver. Their resources just seem so stretched right now and clearly my case didn't register highly enough given there wasn't a death or serious injury. The trouble though is that whilst I was fortunate to avoid serious injury, the next person might not be so lucky!"

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