How can I get the driver's insurance to pay me a settlement if they claim "not her fault"? But I was 1/2 way across the street.

I was walking acros the street in a crosswalk. Driver waved me to go. 2 other drivers stopped for me to cross. The gal in the other lane didn't stop and hit me, I broke my fibula head and pulled muscles/tendons in both legs. I was on crutches for 3 mo's and i'm stil doing PT. Her ins (PIP) pays my caregiver during my recovery. The accient was listed as hit & run, (driver left scene, but was stopd by 911, and told to go back to scene). Her ins co has paid med bill and my caregiver. Now that they send me out for a 2nd opinion, they claim they aren't at fault for this accident and they won't be making any offers. My atty said they don't see a reason to cont since they said they won't pay.She wasn't paying attn. What about the pedistrian law? How do I enforce that and req a settlement offer?

Everett, WA -

Attorney Answers (3)

Kevin Francis Guyette

Kevin Francis Guyette

Personal Injury Lawyer - Binghamton, NY
Answered

From your description it seems clear that the driver is 100% at fault. Her flight from the scene shows cosciousness of guilt. This would appear to be a strong case to take before a jury.

You have other categories of damages besides medical costs, including loss of past earnings, loss of future earnings, past, present and future pain and suffering, and possibly others.

What are her policy limits ? Does she have additional assets ? Have you and your attorney spoken of filing suit, which will increases your bargaining position ?


Is there additonal information ? Your description seems like a slam dunk !

Good luck.

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Nima Taradji

Nima Taradji

Car / Auto Accident Lawyer - Chicago, IL
Answered

I am puzzled-is your attorney telling you that he sees no reason to continue because the insurance has decided not to pay? If so, you have the wrong attorney. You need a litigator, someone who is not going to be impressed by the insurance company's antics...!

You need to speak with a personal injury attorney who is a trial attorney. Insurance companies are not in the business of paying out claims-they are in the business of disputing claims and seeing how much they can getaway with it.

All I can say is that you need an attorney and If you need a referral, you may do a search on Avvo and contact any number of attorneys who have a listing here or I may be able to recommend an attorney in your area (1-866-827-2354).

I hope this helps-

Nima Taradji
http://personalinjuryattorneyz.com

Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for entertainment purposes only.

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Jeffrey Michael Donato

Jeffrey Michael Donato

Car / Auto Accident Lawyer - Bohemia, NY
Answered

There are many fine attorneys in Washington. Just like anywhere, however, there are also bad ones. If you are not getting good advice, you can always contact a second attorney and ask for another legal opinion. Your facts are way too complicated for any one clear cut answer. You clearly have a large damages claim, and it seems that you have a fairly strong claim as far as liability is concerned. You should consult an attorney in your area and get a free initial consultation. Good luck.

THIS RESPONSE DOES NOT IMPLY OR CREATE AN ATTORNEY-CLIENT RELATIONSHIP. NO ATTORNEY-CLIENT RELATIONSHIP IS IMPLIED OR CREATED BY RESPONDING OR FAILING TO RESPOND TO THIS RESPONSE. THIS RESPONSE DOES NOT PROVIDE LEGAL ADVICE. FOR LEGAL ADVICE, YOU SHOULD CONSULT AN ATTORNEY.

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