Pedestrian is main cause of the accident.driver hits my car after running over pedestrian.is driver liable for allmy car damages

Asked almost 2 years ago - San Jose, CA

pedestrian walks onto highway gets hit by a car and dies. The driver who hits my car runs over the deseasead pedestrian swerves loses control and hits my car. She admits fault. Her insurance states she is only liable for half the damages but now backs out. The police report states that the main cause of the accident was the pedestrian. Is the driver who hit my car liable for some or no damages to my car?

Attorney answers (4)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Simply report the accident to your insurance company to fix, and they will go after the other insurance policies for indemnification.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  2. Robert Bruce Kopelson

    Contributor Level 20

    7

    Lawyers agree

    Answered . Depends. If the driver couldnt do anything to avoid, may not be liable. If driver was speeding or not paying attention, so that he could have slowed before that or safely changed lanes, etc, but didnt, he could be liable. Really comes down to the details.

  3. Paul J Molinaro

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . When a motor vehicle accident is unique in that who is at the fault is far from obvious, a driver need not worry about fault right away. Each involved driver should have his or her own insurance, and these insurance companies will try to sort it out. That said, if one of the drivers disagrees with his or her insurance company's determination, he or she may need his or her attorney to educate that company. If any driver, in any motor vehicle accident suffers physical injury, he or she should get medical attention and legal representation. Fortunately, many of us personal injury attorney types offer free consultations, so there is no reason to fear speaking with us.

    -Paul

    Paul J. Molinaro, M.D., J.D.
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    Fransen & Molinaro, LLP
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  4. Manuel Alzamora Juarez

    Contributor Level 20

    5

    Lawyers agree

    Answered . Submit the claim to your insurance company together with a copy of the police report and let your insurance handle the case. If you have personal injuries caused by the other driver, contact a PI lawyer for a free consultation. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492.... more

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