Should my insurance company offer to pay for injury toa personwho refused treatment?

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Should my insurance company offer to pay for injury toa personwho refused treatment?

Hit pedestrian in a parking lot, cops said i was “inattentive” and he was “inattentive” and “distracted”. Hurt his leg but didn’t get treatment (all this on police report) My insurance offered my limit and he and his lawyer did not accept. I’m being taken to court. Not all my fault. Is my insurance company doing anything?

Asked on February 19, 2011 under Personal Injury, Hawaii

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have liability insurance, your insurer should have an obligation to defend you--e.g. to pay court costs and supply an attorney--and to also indemnify you, or pay for any award or judgment against you, at least up to the limits of the policy, as long as you have complied with all your obligations under the policy.  Check the policy for your and your insurer's mutual obligations.

The failure to seek treatment does not prevent the pedestrian from suing. If his injury was exacerbated by the failure to seek treatment, he can't recover for that exacerbation, however, as it was due to his fault--only for the original injury and it's consequences.


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