Home > Research Legal Advice > Personal Injury > What happens if you file a personal injury claim when you are not at fault?
Asked about 1 year ago - Virginia Beach, VA
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I was hit by a car while walking, and want to file a personal injury claim, but don't really know where to being or what the process is. I would appreciate any help.
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More, facts, such as whether you have a police report and whther the driver received a ticket, or if there are any witnesses would be helpful. But here is some general advice for personal injury claimants.
1. Do NOT make any statements to the driver's insurance company about how the accident happened.
2. Make sure you receive prompt medical care, and follow the ER or Dr's advice about future treatment and/or care. Keep copies of all medical bills
3. If you are missing time at work due to injury, keep track of your time lost, and make sure a Dr will put in writing that you were unable to work during th e period of your absence.
4. If you have serious injury, you should retain a lawyer to represent you.
5. If you choose not to hire a lawyer, let the driver's insurance company lknow you were hurt and will submit all your medical bills and reports and lost wage information when you have recvovered from your injuries.
6. Do not try to settle your claim unitl you ahve fully recovered from your accident and have been releaed from medical care.
7. THERE IS 2 YEAR STATUTE OF LIMITATIONS FOR YOUR CLAIM. You have 2 years from the date of your accident ot either settle, or file a lawsuit.
Pedestrian cases are difficult cases. They become much, much easier if you were in a pedestrian crosswalk. If you were walking were there was no sidewalk, hopefully you were walking on the left side of the road. That is you were walking facing the on coming traffic. In my opinion, you will need a lawyer.
