What is the name of your state? New York.
I was traveling at about 10 pm to goto the gym, it was raining. As I was driving, a jaywalker darts across the street, it was a green light for me and the sign indicated DON'T WALK , but yet he attempted to cross. As far as the eye can see there was no way in hell he was getting to the other side of the blvd. It was a 4 lane blvd, 2 lanes for each direction. It was moderate rain and the person was wearing all black carrying a black plastic bag. Fortunately for me there was a cop in the opposite direction about to make a left turn.
When I saw the jaywalker I had very little time to react, but he was very lucky I swerved my car avoiding to hit him head on with my bumper. I still got him with my front passenger quarter panel. The officer witness the whole ordeal and quickly turned on his lights and turned behind the victim so he would not get runned over by the cars behind me. I quickly darted out of the car and went to the jaywalker's side. The cops at first told me that they were going to impound my vehicle, I quickly went and got my license and paper work out of my car. Came back and the cops stated to me " there is nothing you could've done, if you didn't end up hitting him I would've.." I took out an umbrella out of my car and held it for the victim on the floor.
It looks like he did sustain injuries to his hip and legs. But he was able to move his legs though. I reported it to my insurance company when I got home. The next morning an EXAMINER called me to review my case and told me that I needed to give a recorded statement of the accident. I did not want to because I did not have my police report yet. But like an idiot I gave it. By the way the cops told me to leave after the ambulance came and no tickets were issued because it was his fault as stated by the police officers. I did not need to give a statement as well. I was in shock at the time of what has happened to me and the jaywalker.
So my question is... I only have liability on my vehicle, should I sue this person??? Small claims court, and the examiner did not sound very helpful too, telling me that the pediatrian has the right of way in any situation even he is drunk and running into the street. I figure she has experience and believed her. then I realized she worked for the insurance company and might be trying to raise my rates after this ordeal. What should I do? I really do not like how she talks to me over the fone, isn't she supposed to be on my side? She also said they have lawyers to fight for you. I still have not gotten the police report because the EXAMINER told me she has someone going to get it for us. What should I do? My car looks like it has about $1500 worth of damage from the jaywalker hitting it.
I was traveling at about 10 pm to goto the gym, it was raining. As I was driving, a jaywalker darts across the street, it was a green light for me and the sign indicated DON'T WALK , but yet he attempted to cross. As far as the eye can see there was no way in hell he was getting to the other side of the blvd. It was a 4 lane blvd, 2 lanes for each direction. It was moderate rain and the person was wearing all black carrying a black plastic bag. Fortunately for me there was a cop in the opposite direction about to make a left turn.
When I saw the jaywalker I had very little time to react, but he was very lucky I swerved my car avoiding to hit him head on with my bumper. I still got him with my front passenger quarter panel. The officer witness the whole ordeal and quickly turned on his lights and turned behind the victim so he would not get runned over by the cars behind me. I quickly darted out of the car and went to the jaywalker's side. The cops at first told me that they were going to impound my vehicle, I quickly went and got my license and paper work out of my car. Came back and the cops stated to me " there is nothing you could've done, if you didn't end up hitting him I would've.." I took out an umbrella out of my car and held it for the victim on the floor.
It looks like he did sustain injuries to his hip and legs. But he was able to move his legs though. I reported it to my insurance company when I got home. The next morning an EXAMINER called me to review my case and told me that I needed to give a recorded statement of the accident. I did not want to because I did not have my police report yet. But like an idiot I gave it. By the way the cops told me to leave after the ambulance came and no tickets were issued because it was his fault as stated by the police officers. I did not need to give a statement as well. I was in shock at the time of what has happened to me and the jaywalker.
So my question is... I only have liability on my vehicle, should I sue this person??? Small claims court, and the examiner did not sound very helpful too, telling me that the pediatrian has the right of way in any situation even he is drunk and running into the street. I figure she has experience and believed her. then I realized she worked for the insurance company and might be trying to raise my rates after this ordeal. What should I do? I really do not like how she talks to me over the fone, isn't she supposed to be on my side? She also said they have lawyers to fight for you. I still have not gotten the police report because the EXAMINER told me she has someone going to get it for us. What should I do? My car looks like it has about $1500 worth of damage from the jaywalker hitting it.