Case Conclusion Date:August 22, 2008
Practice Area:Car / Auto Accident
Description:The accident happened on January 13, 2006 at the intersection of Plum and 11th Street in Erie, Pennsylvania. Our client was nine years old at the time. He was riding his bicycle south on Plum Street nearing the intersection with 11th Street. The defendant (an Erie Insurance insured) was an elderly woman who was driving west on 11th nearing Plum. The defendant had the right of way at the intersection. But she also had a clear unobstructed view of Plum and should easily have been able to see our nine year old client on his bicycle. Despite the clear view, the defendant drove her vehicle into our nine year old bicyclist and never took any action to stop or avoid the collision. She explained that she never saw the bicyclist and stopped later only because she felt the bump. Amazingly, this case came to us because Erie Insurance sued our nine year old client and his mother for the damage caused to their insured’s car. Erie Insurance actually tried to convince our client’s mother to sign a release without paying a dime for the boy’s injuries. Fortunately, our client’s mom suspected Erie Insurance wasn’t being fair to her and she came to us for help. After our involvement, the case which began with Erie Insurance suing our nine year old client ended with Erie Insurance paying to settle the case for $41,000. Shortly thereafter, our client’s under-insured motorist carrier paid an additional $22,500 to compensate him for the injuries he suffered in the accident.