Being sued, need advice

[stresseddriver]

Long story short, a pedestiran that was walking behind my vehicle (not in a crosswalk) across the street while I was trying to parallel park is suing me for permanent injuries. My Insurance has offered max. policy of 20g to settle. She is refusing and wants more money. All tests were negative and her statements in the medical histories are inconsistent. There is a "2%" total body injury given by using the AMA guidelines 5th edition, what are the chances that she will get 20 g or more in a trial setting? I have retained ersonal council as the insurance atty is not helping much.
Thanks, stressed in MA

 

[teflon_jones]

You haven't provided enough information to determine what the other party's chances are in court. If you feel that she has a decent chance of winning more than 20K, then you should obtain a personal attorney in addition to the attorney provided by your insurance company.

 

[stresseddriver]

I said that I have retained personal council as the insurance lawyer is not much help. What other information would you like to help you give me an answer? She fell forward, that is it. No broken bones, nothing. Claims that I have delayed her education(she is on a student visa from India). I just feel like I am being taken advantage of and would like to know if I am validated.

 

[Meatcutter]

It sounds like the injury is not quite worth the 20K offered by your insurance company, it is more likely the fact that this was a car v. pedestrian accident. Jury's tend to award much more when you hit a pedestrian.

Your area of MA is also very important. A highly liberal jury may award a very high number even if injuries are minor. As you can see, often times the injuries arent the only driving factor.

You may want to hire an atty of your own to represent your interest, as your insurance company is only required to pay your policy limits, anything excess is your responsibility.

 

[stresseddriver]

I have hired an atty. Very true what you say about the "liberal" ness of this state, and plaintiff lives in the most liberal area. That is what I am afraid of. Can you tell me if her not using a crosswalk will be helpful as a defense? It is the law, correct?

 

[Meatcutter]

I have hired an atty. Very true what you say about the "liberal" ness of this state, and plaintiff lives in the most liberal area. That is what I am afraid of. Can you tell me if her not using a crosswalk will be helpful as a defense? It is the law, correct?

Absolutely it's helpful. With the injury being nothing major (based on what you've said) any possible offset you can find on the other party will limit the amount of negligence you will have to pay for.

Make sure and check the vehicle code in your state to see what the laws are regarding pedestrians and crosswalks. The problem your going to run into is that you were backing and struck a pedestrian. There is a general feeling that "pedestrians have the right of way" and "drivers need to yield", however this is not always true in some situations. This is where a good defense atty may be able to cast some doubt on the case for the other party.

 

[stresseddriver]

very helpful, thank you. I had just let go of the brake and the car was only rolling, she claims she never even saw the car. We shall see what this new atty says. All her statements to medical providers and in her deposition are inconsistent, so I am hoping that she is not credible, and that this will be found to be frivolous. Hoping, hoping.