What to do if I was involved in a car accident where I hit a pedestrian?

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What to do if I was involved in a car accident where I hit a pedestrian?

I was driving on a major roadway heading towards the next stoplight. An SUV was double parked on my lane so I directed my car towards the left lane to avoid it. As the front of my car aligned with the SUV’s, an older woman stepped right in front of me to cross the street. I did not see her and she clearly did not see me. I stopped immediately and called 911 as a few people nearby started to stop and help. Someone attended to the victim ensuring that she lie still. I called my insurance company as I waited for the ambulance and police to come through. The woman was taken to the hospital. However, what happens now? Do I need a lawyer?

Asked on April 20, 2013 under Personal Injury, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You don't need an attorney at this point because your insurance company will handle the victim's claim.  When she 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 her medical treatment where no further improvement is anticipated, she will file a personal injury claim with your auto insurance company seeking compensation for her medical bills, pain and suffering, and if applicable, wage loss.  If the case is settled with your insurance company, NO lawsuit will be filed.  If the case is NOT settled with your insurance carrier and the victim files a lawsuit for negligence against you, refer the matter to your insurance carrier when you are served with the summons and complaint (the complaint is the lawsuit attached to the summons).  Your insurance carrier will provide you with an attorney at no cost and will handle the case for you.


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