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pedestrain hit by car

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bubbasnow

Guest
My State is Florida. My husband was recently hit by a car. The police were called and he was the one that was cited. The cop cited him for failing to yeild to traffic. Even if he would have used a cross walk (which was at the end of the road) there are no side walks on either side of the road. If he had used the crosswalk, he still would have been on the road. The driver's insurance company called us and told us that our car insurance would cover the damages done to the car. However, I am reluctant to contact our insurance company cuz I don't want our rates to go up since our car was not involved. Besides that, I don't think the accident was totally his fault. The police report didn't state how fast the driver was going. The police report also didn't state the damages he did to the driver's car. Just an estimated damage amount. ($600) How do I know that the driver isn't claiming damages that were already there. Anyone know what our legal options are? Can we pay it out of pocket instead of involving our insurance company. I would rather pay it all upfront then in the long run it costing us more due to rate hikes. I would contact one of those personal injury lawyers, but he wasn't serioulsy hurt or anything....neither was she. Any help would be greatly appreciated. Thanks in advance.
 


JETX

Senior Member
Your post isn't clear.... are we to assume that your husband was the pedestrian???

If so, was he crossing the street, walking near the curb (parallel to traffic) or just standing in the street??

"Besides that, I don't think the accident was totally his fault."
*** If you feel that, then refuse to pay the claim. The other drivers insurance will pay it, then sue you. When you arrive in court, you will have an opportunity to offer your PROOF of why he wasn't totally at fault. The court doesn't want your 'opinion' as to fault, but proof.

"The police report didn't state how fast the driver was going."
*** And assuming that your husband was in the street, how would the speed of the car be relevant??

"The police report also didn't state the damages he did to the driver's car. Just an estimated damage amount. ($600)"
*** Police reports don't include estimates of damages.... until the officer moonlights as a body shop estimator.

"How do I know that the driver isn't claiming damages that were already there."
*** You don't. That is one of the risks that you assume when determined to be at fault.

"Anyone know what our legal options are?"
*** Yes.

"Can we pay it out of pocket instead of involving our insurance company."
*** Of course you can. If you do this, be sure to get a release from any further claims before paying the money. Oh, and you will also probably have to pay for a rental car while their vehicle is in the shop.
 

pimp

Member
Your wrong JETX

In Florida the cops will list an estimate of the amount of monetary damage on the police report. Another cool thing about Florida is they will give you the police report on the spot.
 
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condaggitt

Guest
bubbasnow said:
My State is Florida. My husband was recently hit by a car. The police were called and he was the one that was cited. The cop cited him for failing to yeild to traffic. Even if he would have used a cross walk (which was at the end of the road) there are no side walks on either side of the road. If he had used the crosswalk, he still would have been on the road.

And by right he was cited, your husband was Jaywalking, and was hit by his own negligence.

Was he hit in the shoulder area or on the pavement? was he wearing BRIGHT colored clothes? what time was he hit? lots of questions.

If he had crossed the road at the crosswalk and was hit, then the driver would have been at fault. Since the only LEGAL place to cross a street is in a crosswalk.
 
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bubbasnow

Guest
My husband was the pedestrian. He was crossing the street. But the way it is stated on the police report is that he was struck on his right side by the right front of her car...that seems to me that he was almost across the street to begin with. The reason I wanted how fast she was going in the police report is due to the fact that if she was speeding then the accident would not have been totally his fault. He could have had plenty of time to cross the street if she had been doing the speed limit. I don't know, maybe I am just grasping at straws here. The whole situation has just been very stressful and I was always taught that Pedestrains had the right of way. Thanks again for your help. I appreciate it very much

The accident occured shortly before 1 AM, he was wearing a yellow shirt. He was on the shoulder area of the road.
 
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condaggitt

Guest
don't know, maybe I am just grasping at straws here.

I think you are too.

At 1 am you dont expect anyone to be crossing the road. And even if she was speeding, chances are she would probably figure it was a deer or a dog, not a human being.

Wearing a yellow shirt might have helped save his life, but if he was carrying a lantern type flashlight one on end and a blinking red/ yellow light on the other and/or REFLECTIVE clothing you might be able to say he did his part to make himself totally visable to oncoming traffic.
 
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