The other day my friend was walking to his bus stop on his way to work. He was in the middle of the street when a SUV hit him straight on. He was hit at about 30 miles an hour and actually took the side mirror of the car. His glasses were crushed which cost about $500. The ambulance came and checked him out and said he looked fine. Well 2 days later he was in terrible pain and went the ER to find out he was very bruised internally on his rib cage. Now he's scared to walk on the street at all, feels terrible and can't see without his glasses. They ordered his glasses which will take a week. My question is it was the drivers fault completely and the driver has Allstate insurance. Should my friend hire a lawyer and try to get some major money out of this or should he ask for a settlement of some sort? I mean there are doctor bills, eye doctor bills, pain and suffering extremely, not to mention the fear of walking outside now. what would be a reasonable settlement or offer for him?
2007-09-03 11:36:28 · 7 answers · asked by Laura M 2 in Politics & Government ➔ Law & Ethics
he walking at a legal crossing section. The police told him he had the right away and it was solely the cars fault.
2007-09-03 11:50:55 · update #1
He walking at a cross walk with not stop sign no light. There was no witnesses that came forth so the guy did not get a ticket but insurance was contacted and guy admited fault. So the insurance company already tired contacting my friend about it but he wasn't around to take that call.
2007-09-03 12:05:06 · update #2
Yes, he should hire a lawyer. The answer to many of your questions will depend on the many local factors that an attorney in your area should be familiar with. Some jurisdictions are plaintiff friendly and thus the settlement offer (most cases settle before trial) will be higher. Other jurisdictions will be pro-insurance defense and that would probably result in a lower offer. I recommend he talk to at least three attorneys and he should ask these same questions.
2007-09-03 12:03:36 · answer #1 · answered by Jason P 2 · 0⤊ 0⤋
Assuming the information you gave is correct, the driver is liable for medical costs. Any settlement should account for future expenses that can be expected to result from the incident. I do find is strange that you claim the police stated the driver was at fault, but did not issue a ticket. It is extremely rare in injury cases for the police not to issue a citation unless they can't determine fault. If that were the case, they would not have told you the driver was at fault.
2007-09-03 20:10:11 · answer #2 · answered by STEVEN F 7 · 0⤊ 0⤋
depends on the degree of culpability. Unless the driver was provably at fault (ie he ran a red light, disobeyed traffic signs, or was under the influence), its difficult to extract "pain and suffering" personal injury claims in civil court, especially if it can be proven that your friend was in willful violation of traffic laws at the time of the accident (ie jaywalking, especially through a green light for oncoming traffic).
Make sure your friend can produce witnesses to the culpability, or he/she is just asking for needless legal bills. Lets put it this way- if this SUV driver was really at fault, police would likely have hauled him/her away for a misdemeanor for bodily harm. If they didn't do that, chances are, you're out of luck.
If there is some real vindictiveness, your friend could possibly go after the paramedic company too, for negligence.
2007-09-03 18:53:14 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Their insurance company will try to settle quickly. The best thing to do is make sure he goes to to the doctor for any problem observed. Get the correct treatment, then in about a year his lawyer can go for the settlement; after you know what ALL of his resulting problems are.
2007-09-03 18:46:57 · answer #4 · answered by Anonymous · 0⤊ 0⤋
if the police said he had the right of way then yes he should defo claim...and he should get some compo from that ambulance service too...being hit like that and for them to just let him go with out a full examination was well wrong...it will be on his hospital records that they didnt send him in to be checked out and that he went back in a few days later...thats neglect.
he should get all his bills payed for..hospital and glasses...and wages if hes had time off work...and for neglect from that ambulance service.hes now scared to go out...thats bad too.its changed his life and im not surprised.
hope your friend is ok soon.xx
2007-09-04 08:39:06 · answer #5 · answered by Anonymous · 0⤊ 0⤋
How was it the SUV's fault if your friend was in the middle of the street? Lots of factors here....was this at a crosswalk where the pedestrians had the right of way or was he jaywalking?
2007-09-03 18:45:36 · answer #6 · answered by First Lady 7 · 0⤊ 1⤋
actually it depends if he didnt look both ways but saw the car and thought he could pmake it across. if there was a pedestrian walk then it was the drivers fault but if there wasnt then it would be his.
2007-09-03 18:46:59 · answer #7 · answered by Sarahhhh. 2 · 0⤊ 1⤋