What is our legal obligation, if my wife was backing out of a store parking spot and bumped a lady and her cart?

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What is our legal obligation, if my wife was backing out of a store parking spot and bumped a lady and her cart?

The paramedics told her she had no injuries, she still opted to go to the hospital. She told three different stories to the police, EMT’s and my wife. The officer on scene did not do a report because thier was no injury and it was on the store property. That lady is now calling us for insurance information?

Asked on October 8, 2012 under Accident Law, Nebraska

Answers:

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

Answered 8 years ago | Contributor

Your wife would be liable for negligence.  Since the shopper went to the hospital, she now has a medical bill.  Her personal injury claim would include the medical bill, pain and suffering, and if applicable, wage loss.  Compensation for the medical bill is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bill which is determined by the medical report.  Compensation for wage loss is straight reimbursement.

It would be advisable for your wife to refer the matter to her auto insurance company.  The auto insurance company will handle the entire matter.  The case will probably be settled with the shopper.  If it is not settled and a lawsuit is filed for negligence against your wife, the auto insurance company will provide an attorney at no cost to your wife and the attorney will handle the entire matter.


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