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06-06-2007, 01:39 PM
| | Junior Member | | Join Date: Jun 2007
Posts: 3
| | | Hit Pedestrian (No Injuries) - A Few Questions
What is the name of your state? PENNSYLVANIA
Hello everyone. Yesterday afternoon, my brother was involved in a small accident. As he described it to us, he was pulling up to an intersection of a one-way street and, to his right, he noticed a woman pushing a stroller about 20 feet from the stop sign. He stopped at the stop sign, looked right (the direction of the one-way), looked left and saw a car about 100 yards away, so he proceeded to turn right onto the intersection when he suddenly had to slam on his brakes because the woman pushing the stroller was crossing the street. The car stopped immediately, rocked, and bumped into the woman, tipping the stroller from her hands. Her sleeping child was not awaken, and the woman did not fall down or sustain any injuries.
She and my brother were exchanging apologies and were about to leave the scene when a driver two cars back insisted that the woman and her child go to the hospital, which was the right decision. The police officer involved reported to us that the woman and her child checked out of the hospital with no injuries. However, my father called her later that evening and she claimed that her knees hurt. I understand that it is legally my brother's fault for failing to yield to a pedestrian (whom he didn't see), but the story as described suggests that the woman did not bother to stop at the stop sign at all. Thankfully, no one was injuried but, as you can imagine, my entire family is worried about what might happen legally. Our lawyer told us that the statute of limitations for an accident such as this is 2 years, and we're worried the woman might sue. Even though no one sustained injuries, what could be the legal consequences of this accident?
Thanks, ~ A.A.R. |
06-06-2007, 01:47 PM
| | Member | | Join Date: Oct 2005
Posts: 78
| | | If you haven't already, you must report this to your Insurance Company ASAP and if anything comes of it, they wil handle it ie; they will pay her medical bills if she does go to a doctor to get checked out. Thank goodness no one was really hurt! |
06-06-2007, 01:51 PM
| | Junior Member | | Join Date: Jun 2007
Posts: 3
| | Quote:
Originally Posted by byrd42  If you haven't already, you must report this to your Insurance Company ASAP and if anything comes of it, they wil handle it ie; they will pay her medical bills if she does go to a doctor to get checked out. Thank goodness no one was really hurt! | Yes, thankfully everyone came out OK. We reported to the insurance company immediately, but is it possible for her to sue us for "damages"? |
06-06-2007, 01:56 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,726
| | Quote:
Originally Posted by aar ...but the story as described suggests that the woman did not bother to stop at the stop sign at all. | She didn't have a stop sign - she was legally crossing the street
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06-06-2007, 02:00 PM
| | Junior Member | | Join Date: Jun 2007
Posts: 3
| | Quote:
Originally Posted by Zigner She didn't have a stop sign - she was legally crossing the street | I understand it's not her fault legally, I was just explaining why my brother bumped into her. |
06-06-2007, 02:05 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 14,775
| | Quote:
Originally Posted by aar Yes, thankfully everyone came out OK. We reported to the insurance company immediately, but is it possible for her to sue us for "damages"? | No, just the driver who hit someone.
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06-06-2007, 02:39 PM
| | Senior Member | | Join Date: Nov 2005 Location: South Cackalacky
Posts: 15,044
| | | Just because she checked right out of the hospital doesn't mean that she wasn't hurt. She just didn't have any emergency issues. She will first file the claim with her own auto insurance carrier, if there are injuries, and then her own. If she doesn't have auto insurance, she will file directly with your brother's carrier.
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06-06-2007, 04:33 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,849
| | | She may try to sue the driver for damages (pain and suffering). If she does, his insurance will handle it. No need to worry. If she has auto insurance, they will be first in line to pay her ER bill and any other medical bills from the accident. | |
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