Would my auto insurance increase if I hit a careless pedestrian jaywalking on a private property?

Question

Would my auto insurance increase if I hit a careless pedestrian jaywalking on a private property?

Here are the case facts: -

1. Pedestrian was hit by my car while crossing a road located within a private property (a community college) in Brampton, Ontario (Canada)

2. I was in no position to clearly see the pedestrian in advance as the pedestrian suddenly appeared from behind the huge pile of snow on the side of the road. The pedestrian was walking from the parking lot and came onto the road from a blind spot.

3. I was driving at 30kms/hrs and saw the pedestrian just before I hit the pedestrian.

4. The pedestrian was NOT using the designated pedestrian crosswalk but was jaywalking on the road in attempt to cross the road.

5. I applied brakes as soon as I saw the pedestrian on my way but the pedestrian got hit by the time finished applying the breaks. I think my car came in contact with the pedestrian when the car had almost stopped possibly causing the minimum impact. Pedestrian seemed to be all right (not injured) but was slightly in pain due to the hit as my car hit her in the thigh. She did not fall down and was still able to walk (but was crying due to the shock)

6. I called 911 (both cops and ambulance) and they didn’t charge me with offence.

7. The Police Officer concluded that it was not my fault after he confirmed with the witnesses that I actually tried to stop the car and that the pedestrian was jaywalking and not using the pedestrian walk for cross the road. The cop mentioned that I would have been charged if I were not driving on a private property. The building security also concluded that I was not at fault.

8. The police accident report makes no mention of my fault.

9. The paramedics concluded that pedestrian was not injured and was all right but they took her to the hospital anyway (for check up since the pedestrian seemed to have some pain in the thigh)

My question is –

Although, I was not ticketed or charged, would MY INSURANCE GO UP? I have heard that Insurance companies are notorious and would hold you responsible anyways or may hold you partially at fault?

Answer 1

Your insurance might go up - after all the hospital visit of the person you hit will be charged to your insurance company. But it seems that legally you are in the clear. The best thing is to call your agent who can answer that question immediately.

Answer 2

Best ask your insurance company.

Answer 3

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How can you say it was NOT your fault.

Someone can ALWAYS walk out from an obscured area.

You should be able to stop within the distance you can see to be clear at all times.

When the pedestrian walked in front of your car you should have been able to stop within the the clear distance and not have to use part of her body.

You should have been driving slower.

IT'S CALLED ANTICIPATION!!!

Private property or public highway!!!

I hope your insurance will put your premium up as a reminder to you.

Note to your cerebral: you "are at the control"....you see an area that can hide a pedestrian....you can think "HEY maybe a pedestrian will "CARELESSLY" JAYwalk in in front of my vehicle, therefore perhaps, maybe, errrrrrrrrrr I SHOULD SLOWDOWN FOR THAT EVENTUALITY......****!! it happened!!! i stopped!!!! nobody hurt!!!!!!!!!! Drive on with head held high!!!!!!!!!!!!

SUPERB!!!!!!!!!!!!!!!!!!!!!!!!

YOU WROTE..."The cop mentioned that I would have been charged if I were not driving on a private property"

...that is because you were unable to stop before HITTING the jaywalker = too fast. The jaywalker cannot hurt you.

And yes, if all drivers drove thinking the worst scenario is going to happen, there would be NO accidents except those caused by mechanical failure not brain fade.

Please don't take this personally, the majority of drivers will apportion blame to the other party rather than looking at what they could have done to avoid the situation. With that in mind, you could have slowed from 30 to 20 or 10 or 5 and NOT HIT THE WOMAN, patted yourself on the back and recounted how you thought someone may step out and DID to your friends.

Admirable as it was that you almost stopped, you still failed to do so. Therefore a slower speed was required. She was coming from a car park where people park cars!

Weather is not the cause of accidents either.

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Answer 4

do you have a proxy for myspace

Answer 5

This is a hard question to answer because some insurance will and some will not, you need to talk with them and keep all of your information.