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      01-03-2019, 06:46 PM   #9
Z K
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Drives: E90 M3, G20 M340i
Join Date: Jul 2011
Location: San Francisco

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I have actually been in a situation like this... and I ended up hitting the pedestrian that was jay walking. She was drunk, running across the street to get to the other side. It was dark and there were no street lights at that section of the road. When she saw me, she froze in the middle of the road and I couldn't stop in time. The police came, ambulance etc. They all said it was not my fault and the police report said so as well.

But when I made the insurance claim to fix my car (the person crushed my hood, windshield and part of my roof), it was an accident and I was at fault. Apparently because the at fault party is not another vehicle, the insurance can not claim it from the other person's insurance. In any accident involving a person and your car, no matter what the police report says, they will put it as you at fault in your claim.
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