Pedestrian accident - no fault - rights??

[Ashley]

Can anyone help. My husbands vehicle broke down, he was walking to go to a phone to call home when he jumped a median concrete wall, he was struck by a car. The police has sited this as a no fault situation, no one was given a ticket. The car was going 45-50 mph. He has no broken bones, his ear had to be sewn back on by a plastic surgeon with 92 stitches and it is permanitely disfigured (there was a piece of his ear missing so they had to piece it). He has no use of his left arm (he is left handed). He is scheduled for an MRI and to see a Ortho doctor. Our insurance is paying 10,000 in PIP since his vehicle was not involved. The other guys insurance is picking up the rest of the hospital bills, his lost wages and they said they had to pay pain and suffering. They wanted to settle for $10,000 yesturday and we said no way. He gave them a statement. I think we should contact a lawyer. What do you think. My sister in law was involved in an accident and got 5 times the cost of her medical bills. Do we have a case with this being a no fault accident? He is also having night mares. Im not trying to get rich, but he didnt ask for this. He cannot drive, he is scared to even get back into his truck. Help??

 

[lawrat]

I am a law school graduate currently awaiting Bar results. What I offer is mere information, not to be construed as forming an attorney client relationship.


I don't understand why if all parties deemed this as "no fault", the driver's insurance company is paying out?

Anyway, if they are paying out, then get all of your meds and pain and suffering paid out. I DO suggest contacting a personal injury/accident attorney at attorneypages.com.\

hope this helps.

 

[Ashley]

I live in Florida which is a no fault state. Does that help??

 

[lawrat]

As always, my disclaimer applies. I am not sure what you mean by florida is a no fault state -- i.e. that all accidents like this are considered no fault. it doesn't really matter anyway, the fact the insurance company is voluntarily paying out is the issue. they should be paying out at least half, if not all. i would if i were you call an accident attorney in your state.