What do do when a car not driven by its insured owner hits a pedestrian in a cross-walk?

Asked over 3 years ago - Decatur, GA

My Brother was recently hit by a car in a cross-walk when the signal said "WALK". He suffered sever injury requiring surgery. He has since been released from the hospital but is in a great deal of pain. He cant work or do much for himself and the family is pitching in as much as they can. Exactly how should we tell him to proceed? He is going to be down for several months.

Attorney answers (6)

  1. Neil H. Smith

    Contributor Level 8

    Answered . First, you should get a copy of the Police Report. Next, you should make a claim against the insurance company that insures the car and against the insurance company of the the driver. Third, if your brother owns a car and has Uninsured Motorist coverage you should make a claim against this company. Uninsured Motorist claims have very short time deadlines and you should notify them immediately. If your brother is married or lives with a relative (e.g. parent, grandparent), then you should also notify the insurance company of any resident relative if they have Uninsured Motorist coverage. Finally, you should take pictures of any injuries, bruises, lacerations, or scars of your brother to preserve this evidence of damages.

  2. Evan Lyle Kaine

    Contributor Level 6

    Answered . There are a number of potential options for your brother to pursue. A lot of options depend on the specific circumstances and types of insurance coverage(s) available.

    The easiest avenue may be to have a free consultation with an attorney to really go over all of the details. For the most comprehensive review, an attorney will request a copy of the police report along with any insurance related documents - for both the at fault driver and any cars owned by your brother or garaged at his primary address on the day of the accident.

    There can be a number of hurdles to overcome in cases like your brother's but none that can't be addressed by a creative approach.

  3. Sam Louis Levine

    Contributor Level 14

    Answered . Your Brother needs to talk to an attorney licensed in Georgia, immediately in my opinion, in order to preserve his rights. What happened is really scary. I hope his medical treatment goes well, that he has a speedy recovery & that he is able to get back on his feet.

    Best Wishes,

    Sam Levine, Esq.
    Attorney at Law
    (404) 303-8875 (o)
    (404) 468-4689 (cell)

  4. Glen Edward Ashman

    Pro

    Contributor Level 20

    Answered . Your brother needs to talk to a lawyer right away, and in the meantime should not talk to anyone else. It would help if he brings a police report.

    If he is in or near metro Atllanta, I'd be glad to offer him a free consultation.

  5. Andrew Daniel Myers

    Contributor Level 20

    Answered . It may make no difference that someone besides the owner was operating, for example if the operator had consent of the owner, the coverage will kick in. Your brother should retain an attorney for many reasons, one of whichi is that an attorney can help with any insurance coverage issues. In addition, personal injury attorneys nearly always give a free initial consultation.

    The insurance industry’s own statistics indicate that once an attorney becomes involved, the value of any claim at least doubles.

    Put those two facts together and it is in your best interest to retain experienced legal counsel at your earliest possible convenience.

    I truly wish you the best.

    If you find my answer helpful, please click the ‘thumbs-up’ tab below. Thank you.

    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.

  6. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . You should obtain needed medical care and treatment immediately and follow your doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to your medical records. Photograph your injuries and the damage done to any vehicle or other property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.

    Legal Disclaimer:

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

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