If I was involved in an auto/pedestrian accident, what possible actions can this pedestrian take against me?
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If I was involved in an auto/pedestrian accident, what possible actions can this pedestrian take against me?
I was driving at low speed merging from the center lane into a left turn lane at a red light. The pedestrian was jaywalking and ran into the right front side of my vehicle. There was no damage on my vehicle. At the time I panicked so I asked her what she wanted to do and she requested me to take her to the nearby ER which I did and when we arrived we filed the police report and I filed a claim with my insurance. The officer who took the police report seemed to have an impression already that I was not totally at fault for the accident because he told me I would be fine.
Asked on December 11, 2015 under Personal Injury, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Your insurance company will handle the case for you.
When the pedestrian completes her medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary which means having reached a point in medical treatment where no further improvement is anticipated, the pedestrian will file a personal injury claim with your insurance company seeking compensation for the medical bills, pain and suffering (an amount in addition to the medical bills) and if applicable, wage loss.
If the case is settled with your insurance company, that ends the matter. If the case is NOT settled with your insurance company, the pedestrian will file a lawsuit against you for negligence. There is NO NEED to worry about the lawsuit because most of these cases are settled with the insurance company without a lawsuit being filed. If a lawsuit is filed, that might not happen for 2 years and your insurance company will provide you with an attorney at no cost to you.
Since the pedestrian was jaywalking, she is partly at fault for the accident and won't recover 100% of the amount she claims.
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