HITTING A PEDESTRIAN

[CHERI]

IF A PEDESTRIAN IS AT FAULT FOR JAY-WALKING INTO THE MIDDLE OF AN INTERSECTION INTOXICATED AND GETTING HIT BY THE DRIVEROF A CAR THAT IS GOING THE SPPED LIMIT(PER THE COLLISION REPORT), WHAT LEGAL GROUNDS IF ANY, DOES THE DRIVER HAVE AGAINST THE PED. I'VE BEEN TOLD THAT UNINSURED MOTORIST WILL NOT ALWAYS APPLY BECAUSE OF THE PERSON NOT BEING IN A CAR, I HAVE ALSO BEEN TOLD GO TO SMALL CLAIMS COURT AND EVEN UNDER CERTAIN CIRCUMSTANCES TO BASICALLY SUE YOUR OWN INSURANCE AND LET THEM GO AFTER THE PERSON WHO IS AT FAULT. WHAT THE HECK CAN YOU DO, IF ANYTHING??? I HAVE A LARGE DEDUCTIBLE- AND AM SEEING A PSYCHOLOGIST FOR THE NIGHTMARES AND THE TRAUMA REGARDING THE WHOLE SITUATION. PLEASE HELP!!
ANY ADVICE???????ANYONE????

 

[DrunkN_MastR]

Even if he was jaywalking there is nothing you can do... can I ask you something - do you know if he was injured at all and if so the extent of his injuries? Did he get the medical attention he needed? Are hospital bills taken care of? Didn't seem to be at the top of your thoughts... just imagine the nightmares and trauma that HE is going through right now... even AT speed limit... but that's just my thought

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Just your friendly neighborhood DrunkN_MastR tellin ya the way it is, from a scumbag street cop point of view

 

[peter]

It doesn't matter if the person you hit is injured....You must protect yourself FIRST and FOREMOST!

YES you will have to sue your insurance company because they will pay out a fraudlant claim to this idiot,as a matter of convience, and if you read your insuance contract...they can raise your rates if they pay a claim, even if you are NOT at fault.
And yes sue the druken jaywalker for all medical out of pocket expenses.....

And Most important NEVER NEVER NEVER SIGN any settlement agreement untill ALL your bills are paid AND that you are guarenteed policy renewals AND their will be no increase in premiums...

If your insurance comapnay throws a hissy fit, call your state insurance commisioner, and explain your insurance company wants to pay a fraudulant claim, and raise my rates. That should get everyones attention!

 

[CHERI]

TO THE DRUNKN MASTR
BY THE WAY, YES I CALLED THE HOSPITAL THAT THE NIGHT THE ACCIDENT HAPPENED, AND THE WHOLE NIGHTMARES ARE ABOUT HIS UNJURIES AND HIM GETTING HIT AT 40MPH, I AM NOT INJURED EXCEPT THE STRESS TO MY MUSCLES AND THE AWFUL THOUGHTS I HAVE TO RELIVE- WHY THE HECK WOULD I NEED COUNCELING? I AM AT MOST CONCERNED WITH HIM, YES HE WAS INJURED, TO WHAT EXTENT I DON'T KNOW- I DO KNOW HE WAS IN THE HOSPITAL FOR TWO DAYS- I WISH I DID KNOW.

 

[peter]

CHERI....

ARE YOU DENSE AND DUMB.........

feeling sorry for him will mean lots of money out of your pocket....its ok if you have tens of thousands of dollars you dont need....

But if you are like the rest of us...you must protect your rear end FIRST!

and feel sorry fo him AFTER you get your auto renewed at the same rate as last year

THATS WHAT YOU SHOULD BE STRESSING OVER...ITS GONNA GET DIRTY!

 

[peter]

YOU called the Hospital.......oh boy thats dumb....they will take that as an admission of guilty you tried TO KILL THIS POOR GUY...

Just wait and see..if I am right

 

[CHERI]

FIRST OF ALL- FEELING GUILTY IS ONLY HUMAN- IF I DIDN'T THEN IT WOULD LOOK LIKE I DID IT INTENTIONALLY- HOW CAN YOU RAM INTO SOMEONE 40MPH AND NOT FEEL SOMETHING- THERE HAS GOT TO BE SOME CRUEL PEOPLE OUT THERE- I'D HOPE TO THINK YOU ARE NOT ONE OF THEM. AND YES I CALLED THE HOSPITAL BECAUSE I WANTED TO KNOW- IF I JUST KILLED SOMEONE, THAT IS PROTECTING MY OWN SELF-

SECOND OF ALL, I AM NOT DUMB OR DENSE. THANK YOU VERY MUCH. IF YOU HADN'T NOTICED, I AM TRYING TO GET ADVICE REGARDING THE WHOLE ISSUE BECAUSE I AM TRYING TO PROTECT MY OWN REAR END.

AND IF YOU WOULD BE SO KIND NOT TO BE SO JUDGEMENTAL DURING THIS TRYING TIME FOR ME, I WOULD VERY MUCH APPRECIATE IT.

HAS THIS HAPPENED TO YOU BEFORE? YOU SEEM QUITE INTELLIGENT OF THE SITUATION- WHAT WOULD YOU SUGGEST MY NEXT STEP BE. BE NICE!
CHERI

 

[peter]

Yes it doenst matter if you killed someone, the fact is he hit your car..... you did not hit HIM...

Get that straight once and for all.....

Yes i hit a 61 year old woman..oops she hit my car running after a bus....

And of course everyone ASSUMED you hit the person, instead of HER hitting your car....

So 4 months later i recievd my new auto insurance bill.I lost safe drivers and it was 40% more then last year i hit the roof....and then started calling demanding to find out who at allstate is in charge of paying fraudulant claims, well they were pissed and i never authorized payment, they just paid it ....well after harassing a number of people i finally got to a regional vp, and threatened to report him to the state insurance comissioner..for paying a fraudualnt claim and billing it to the policyholder.....

3 days later i got my safe drivers back and my renewal at last years rate.

Thats what you are up against!

 

[CHERI]

SO NOW THAT I KNOW YOU HAVE BEEN THROUGH THE SAME ORDEAL- MAYBE YOU CAN HELP ME WITH MY INS. IS IT MY RESPONSIBLITY TO PAY MY $1000.OO DEDUCTIBLE? DO I HAVE TO USE ONE OF THEIR REPAIR SHOPS(THEY GAVE ME THREE NAMES AND ALL ARE UNHEARD OF BY PEOPLE?-THEY SAID OTHERWISE I CAN GO WHEREEVER I WANT BUT THEN I PAY A 20% COPAY ON TOP OF THE DEDUCTIBLE)? I'VE HEARD THAT YOU CANT MAKE PEOPLE GO TO A SPECIFIC REPAIR FACILITY BUT I AM NOT SURE OF THE COPAY PART???? GOT ANY ADVICE???

 

[peter]

Of course you will have to pay the $1000 and the 20% co pay, because your insurance company will not pay it.

So you have to hire a lawyer to sue your insurance company when they refuse to sue the person who hit your car...

Now do you get it, they will bill you and raise you rates.. maybe even cancell you.

So in the end you will have more trouble with your insurance comapany then theirs....

If the 3 repair shops are from YOUR insurance company you probably should use them.

I would suggest before you even do anything ask you agent these questions...then make up a statement saying your insurance company will pay all bills and will sue the other person for all the bills, and it is agreed that you are not at fault and this will NOT be charged against you and that you are guarenteed a renewal policy as long as you want, and next years policy will be the same rate as this years.

If your insurance agent throws a hissy fit, tell them you are contacting the state insurance commisoner and are giving them his name, and you intend to hire a lawyer, becuase you refuse to pay for any of this, because the other person is 100% at fault.