Insurance company backs down on claim against man hit by car

Shulin Guo was a pedestrian involved in a traffic accident with a car and was briefly pursued for damage costs. Photo / Michael Craig

An insurance company has backed down on a $2660 liability claim against an elderly man who was hit by a car while crossing an Auckland road.

Last week the Weekend Herald revealed that on November 24 Shulin Guo was hit by a car as he crossed the motorway onramp on Symonds St to get to a bus stop.

Many pedestrians use the route to cross as it is the only way to access the bus stop.

The 73-year-old was hit by a van, knocked unconscious and suffered injuries including broken ribs and cuts and bruises to his face and body.

Police told Guo's son Johnny that the collision was an accident and there would be no further action.

But just before Christmas the Guo family received a letter from insurance company Ando seeking $2660.25 from Guo for repairs to the van that hit him.

The van received minor damage including a broken wing mirror and several dents.

Ando sought costs on the basis of a police report which stated Guo had not been looking as he crossed the road.

Police said the driver and an independent witness corroborated that fact.

Last week Ando said the claim would be pursued.

However, today chief executive John Lyon confirmed Ando had dropped the case.

"Based on the information available to us, including the police report, it appeared that Mr

Guo was responsible for the accident," he said.

"Our approach always was that we were happy to engage with Mr Guo to understand his position.

"We provided a copy of the police report and offered to have the issue of responsibility for the accident resolved by the Disputes Tribunal if he was unhappy.

"Given we have now had confirmation of Mr Guo's financial position and also confirmation that there is no insurance cover in place, we see no point in pursuing the question of responsibility for the accident.

"His family gave us the insurance information this week so we reviewed all the factors and have told Mr Guo's family that we will not take the matter further."

Most contents insurance policies provide cover for personal liability, including circumstances like Guo's accident.

He was not covered by any insurance.

"Most people are probably unaware that personal liability cover is available automatically
in contents policies," Lyon said.

Guo's son Johnny and daughter-in-law Yang Yang said Ando's decision was "a relief".