Hit while walking by driver w/ no DL or Insurance

[AceHigh300]

What is the name of your state? Missouri
Several weeks ago I was hit by an unliscensed, uninsured driver, (and unemployed according to the police report) who was drivinga car with NY plates. My left tibia was shattered in to little peices, and the fibia is snapped like a pencil. I've now got a 1/2 inch steel rod from my knee to my ankle which will be with me for the rest of my life. I lost my job, can't attend school, and won't even be able to put weight on my leg for 8-10 weeks total. The driver was arrested, at this point the cops won't tell me if he's still in jail, or even if he gave the correct name and address on the police report. Also, there were about 25 people standing aroud, and 4 people who directly saw then driver hit me, yet the police officer only got a statement from the driver, and checked the box for "No Witnesses" on the report. I don't want to sound ignorant, but the driver and officer were African-American, while I am caucasian. I don't know if that had anything to do with it, and I don't know if the lack of witness statement on the report (I have names and #'s of witnesses) will have any effect on any case I may have, but I wanted to mention it. Oh yes, the driver said on the police report that I ran out in front of him and he tried to stop but couldn't, while the witnesses said he was obviously speeding (it was a 35 MPH zone, and 4 different, unrelated people said he was going between 50-60 MPH) and that he blew through a yellow light, which turned red midway through (which was why he was speeding). Also, there were NO skid marks the next day when my parents went to check out the scene of the accident. Were the cops negligent? Anyway, what options do I have as far as getting compensation for my huge medical bills, and pain/suffering, and for this darn rod in my leg. Wages can't be garnished if there aren't any, and I don't know if this man has any assets that are legitimate and reported/registered with the gov't. Also, what about victims rights? MO Victims rights says "The victim MAY have the right to financial assistance from the state or ...[driver]" If this guy runs, doesn't pay any judgement, or doesn't get a job, can I get anything from the state? And will this driver stay in jail, or have to do time? If he does, how can I get any money from him? I'm desperate. My medical bills are WAY more than I can afford, and I can't work and won't be making any money to pay my bills for quite some time. I applied for unemployment because thats all anyone at the city hall could tell me to do, but I don't think that's going to last. Anyway, thanks for your help.

-Mark

 

[stephenk]

where were you standing when you got hit?

 

[AceHigh300]

where I was standing

I was crossing a 35 mph, 4 lane road with no center lane and parking in the outer lane on each side, from east to west. I was 1 step away from not getting hit, on the west side of the street. i.e. I was ALMOST between the parked cars on the west side of the road.

 

[stephenk]

since you didnt mention it in your original post, did the other driver run a red light? or was the light yellow for him as he claims?

 

[AceHigh300]

Before I crossed the street, the driver was 2 blocks away going thru another yellow, had he been going 35, he wouldn't have hit me. According to the witnesses, the light turned red midway through, which is considered running a red light in Missouri, but I didn't see what color it was.

 

[AceHigh300]

someone should delete this henryuy's account for crap like this

 

[stephenk]

just to be clear, you were crossing the street against a green light that turned yellow while you were still in the crosswalk or did you start crossing while the light was yellow? Going on, while you were still in the crosswalk, the guy entered on a yellow light that turned red when he was already in the intersection. Have i got it right?

 

[AceHigh300]

You've got it pretty close, except there was no walk/dontwalk sign, and no crosswalk. I was crossing against a yellow light in the middle of the block. The driver blew through a yellow light that turned red (according to witnesses) other than that, youve got it

 

[justvisiting]

Won't YOUR insurance company pay a claim on this then subrogate (go after the other party if they were at fault). It sounds like it would be blood from a turnip, but at least you would get your bills paid and maybe something for pain and suffering.

You should consult with a Personal Injury Attorney about this.

I also don't understand why you lost your job. Was it related to absence for this and was there no sick leave or disabilty benefit?

 

[AceHigh300]

My health insurance is gonna cover everything as far as med bills, but I've got a $1,000 deductible to take care of, plus I want some compensation for this rod in my freaking leg. As far as the job goes, I am a student and I wait tables, and I am gonna be out of work for more than 90 days. It is my employers policy to terminate any employee if they are gonna be gone that long, I guess so they don't have to pay unemployment insurance or whatnot on them. My manager did say, however that if I came back when I'm healed and apply again that they'll probablly hire me back. I've got a lawyer who's working on this, but it's one of those no fee unless you collect, TV advertised lawyers, and they kinda said "well, if it WAS his car, and WASN'T insured, you're screwed" They seem to think that since the car had NY plates, it might have been stolen, or not his..

 

[justvisiting]

I was not referring to you health insurance, I meant you CAR insurance - if you have it. In a couple cases I know of, when someone was hit (as a pedestrian) and the other party was uninsured, their CAR insurance covered everything and went after the other person.

But, apparently your lawyer does not think there is a claim. So....the end unless you find a lawyer that can recover something.

I'm also not sure about who is at fault here.

As far as your job, regardless of what your employer "said" you should have filed for Unemployment. No guarantee you would get it but instead of "guessing" you should file - still can - and you can file over the phone. That's a strange "Policy" and sounds like pure BS. Employer will have a tough time explaining why they fired someone who was injured regardless of how long they are out. You might also be eligible for disability, even short term. Personally I would not be crazy about going back to that job.

 

[AceHigh300]

Hmm... I applied for unemployment, not "thought about it" And when I talked to my lawyer over the phone when I first called, he mentioned something about getting my car insurance to pay me a claim under my U/M insurance... But when the paralegal came to my house for a meeting/paperwork he implied that that wouldn't be an option.. And we don't have short term disability in St. Louis unless you are a single mom with 5 kids on food stamps.

 

[justvisiting]

So.....

Was your unemployment denied?
what was the reason stated for termination (or have you not heard back yet)?

I'm not giving you a hard time, Ace, but that thing about the paralegal "mentioning something about a claim not being an option" sounds strange.

Either your policy did not cover or maybe the issue of who was at fault was in question. But I know of a case where someone was actually jaywalking (!!) and their U/M coverage paid a claim when they were injured by an uninsured driver. Of course, every situation has difference variables.

Also you might be confusing disability with welfare regarding the single mom with 5 kids. But yes, it's harder for single people with no kids to get assistance.

 

[AceHigh300]

I was just exagerating about the disability, but so far I haven't heard back and it's been about 2 weeks. As far as what the paralegal said at the home meeting, I think he was just uninformed, because I spoke with the other paralegal on my case and she said that making a claim against my u/m coverage might be an option.