Pedestrian Fatality

[Hotwheels1_1]

What is the name of your state? Florida

FLORIDA My son aged 18 still in high school was driving on a major highway when an elderly woman darted in front of his car on foot resulting in her death last night. Night hours, poor lightening, 4 lane highway and not in a cross walk area. He immediately stopped to render aid and called 911. Thier were numerous witnesses and he was not charged and at this point my understanding is he was not at fault. Hospital indicated she may have also been intoxicated or under the influence based on blood screens but were nonspecific (I am a Trauma RN so they did try to give me abit of information). They further advised me to get the medical examiners report when available as it would help us understand there was extenuating circumstances on the woman's part which may have contributed to her actions. The only damage to my son's vehicle is the windshield and as it is an old car we only have PIP/liability and no fault. When I contacted State Farm they immediately suggested I let them put the car at a "loss" in case the family tries to sue. I dont understand this and being it was determined "Pedestrian Fault" and my son will not be charged. We plan to replace the windshield immediately and continue operating this vehicle as there is no other damage. How would this affect us and why put the car at a total loss I guess is the question? Thanks in advance.What is the name of your state?

[CALIF-LAWPRO5]

[quote=Hotwheels1_1]What is the name of your state? Florida

How would this affect us and why put the car at a total loss I guess is the question? QUOTE]

My response:

So, instead of calling your insurance adjuster back and asking for clarification, you write to this site? I don't understand your logic.

IAAL

[Hotwheels1_1]

As they only indicated it was best in case the family decides to sue and wouldnt elaborate. I was attempting to get info as you well know some companys actually like to save paying out claims such as this if possible. In fact I am considering another company just based on the lack of ability to get accurate info and had hoped someone "not" affliated could shed a little of insight on why they would want the vehicle as a "total loss" considering there is no claim on our part (no collision/comprehensive)? How does this help us rather than the company? I apologize as this is what I thought this site was for - constructive information.

[ecmst12]

The chances of IAAL giving useful information tends to be about 50 useless obnoxious posts to one useful one.

But I don't get it either. The family doesn't have a case against you (they can sue you but they won't win) if the accident was deemed the pedestrian's fault. And if they sue, the insurance company will provide your defense. So I don't see any possible relevance on the condition of your car or whether you're still driving it. Your insurance adjuster is the best person to ask "what the heck do you mean, that makes no sense at all?"

[Hotwheels1_1]

Thank you very much ecmst12 for the prompt and kind answer. As that's exactly what I said and get "we'll call you back". I just said "no" dont write the car off as a loss as seems that's like shooting the horse before it's broken it's leg so to speak.Think I really just needed someone to clarify I was on the right track. Information also came tonight the lady was an alzheimers patient and frequently escapes the daughters home therefore if this is true they dont have a leg to stand on if they should. I couldnt fathom any rational cause for the adjuster's recommendation so I went with my gut on this one. The kid did right he stopped, called 911, and our agent. Think the insurance agent scared him more than anyone so trying to look out for his interest as a parent.