I Need Legal Advice- I Was Hit By A Car

I was also hit while walking. That’s essentially my experience/what I got after my accident, minus a few grand which depends on the driver’s insurance company and the nature of your injuries. They covered all expenses related to the accident including transportation to/from any doctors or the PT, days off of work, etc. Just keep everything documented. I was told not to correspond with the driver’s insurance company and just to forward any correspondence to the lawyer’s office for them to handle. I strongly suggest you hire an attorney to represent you asap. You’ll be chewed up and spit out by the insurance company if you go it alone without someone experienced negotiating on your behalf. Also, as mentioned above, you don’t know the full extent of your injuries yet, so if the attorney recommends any testing or PT(which they should if they know what they are doing), I suggest you do it.

The insurance company will at first try to nickel and dime you to see what they can get away with. They’ll say things like ‘clothes aren’t covered’, and try to advance to ‘that ambulance ride wasn’t needed so it isn’t covered’. At any point you can say “i’ll be getting a lawyer then” and they will often snap back to reality and pay up.

Why talk to YOUR insurance company?

Your medical insurance will actually send you a form in the mail asking if the expenses were because of an accident, as they’d lurve to recoup some of their costs if someone else was at fault (I got these with my last 2 broken bones). Other than that, it’s hard to tell which insurer you’d need to talk to (since you were on foot; if you were driving your car it would be different).

The driver’s insurer may contact you as well - possibly with an offer to settle your expenses (clothing, lost time from work etc.). If so, do NOT sign anything until you’re sure you are indeed made whole - i.e. that you have no long-term health effects, haven’t lost your job due to being absent, etc.

If you DO feel you have long-term effects, then of course talk to a lawyer as appropriate.

OR, they may try this: “You lost a week of work at 1,000 a week. How about we give you 2,000, and you sign this piece of paper that says you go away and never bother us again?”.

When my husband was in a 4-car pileup years back, the at-fault driver’s insurance basically did tat. We’d each totted up about 4 hours lost from work due to dealing with it, also had some lost property in the car (hundred bucks or so). We figured our salary for those 8 hours, plus the property, and asked them to reimburse us 800 dollars (plus the car’s value, as it was totalled). They offered 1,200 (plus the car value). As at that point we knew there were no long-term issues, we took it.

My husband DID have some medical expenses: he had visual disturbances 2 days later and I made him call the doctor, who had him go get a CT scan. It turned out to just be a migraine, but there were expenses. I don’t know if the medical insurance asked us to fill out paperwork saying it was an injury, or whether our signing that document could have prevented them from going after the auto insurance.

In the case of the OP, with having lost consciousness, he definitely needs to be careful

I’m sorry to hear about your accident. I hope you’re going to be OK.

Nothing useful to add advice-wise.

Sorry to hear about your accident. Sounds like you’re getting some good advice.

Am I the only one who thinks you’re being far too nice? If the driver was “distracted,” how so? Was he texting? On his phone? Fiddling with his radio? If so, he shouldn’t just get away with having his insurance company paying your medical bills. Even if you don’t want to go after him for additional damages, he should at least have to suffer the consequences for driving while distracted. Is he being charged? Is his license being suspended?

I’m just thinking of the other people he might hit in the future if he keeps it up.

Glad you’re mostly okay, and hope you heal up fast and fully.

I found a great website for free legal advice:

www.avvo.com.

Pass it on.

All I know is that the incident report said the driver was distracted.

I assume she’s being charged. I know at least one police officer was at the scene and spoke with her. Unless the woman had pull with the Russian mafia (I consider this unlikely as she was driving a 2002 model), there will be legal consequences and appropriate punishment.

Again, while I don’t trust the cops completely in every situation, I trust them in this one. I’m going to make a wild guess and say she was talking on a cell phone. It’s illegal to use anything but a hands free model while driving in the city of Philadelphia. It’s a primary offense, meaning if the cops see you talking on a cell phone while driving, they can pull you over and ticket you for it. So, she was doing something illegal and dangerous and hit a pedestrian as a result. Even assuming that this was her first accident and that she has a clean record, I can’t see how things would go well for her. I trust the police to do their job here- which includes protecting us from dangerous drivers.

My concern has been how to get my fair share. Does my medical insurance automatically go after her or do I have to do that? Who do I need to talk to and what documentation do I need to provide? that kind of thing.

All you need to do is talk to a lawyer. 99% of cases never go to trial. He/she will collect whatever bills you have so far. If you are already using your medical insurance - you give whatever paperwork you get from the insurance company to your lawyer. Pain & Suffering is (often/sometimes?) based on rules of thumb about medical bills. So it may be they will pay 2x medical bills (I’m just using this as an example).

It isn’t your job to make sure everything is done fairly to everyone. I understand you not wanting your insurance to have to pay for what is the other drivers fault - just do whatever your lawyer says to do.

Let your lawyer worry about which insurance company gets notified about what. That is what they are for.

Most PI attorneys are like assembly line operations. None of this is rocket science for them. They will send you to whatever specialists they use - or you can probably use your own.

I have never been hit as a pedestrian, but as the person above that does insurance work mentioned - your claim is a slam dunk for an attorney. The reason they get paid 33% is that they do all that stuff for you.

Call one tomorrow - and they will most likely see you the same day. You will never In your life get an attorney on the phone as quick as you will in a PI type case [ok - maybe if they discovered mesothelioma after your accident - a little quicker :slight_smile: ]

You probably won’t even have to provide any paperwork (of course don’t throw anything away - and being everything with you) - as they will probably get all of that for you.

This is much easier than you probably think it is going to be. Everything will be fine. Make sure you use a Personal Injury attorney and not a friends cousin that does tax law or something.

ETA: oh and yeah - you are right - let the police do this job. Some people end up taking things personally about the other driver. The driver will be pursued by the state if they want to - that really isn’t your job or concern, and don’t let it bother you. There are criminal courts for criminal cases - and civil courts for civil cases. Yours is a civil case.

Oh and I note on rereading your OP - you ask for advice on what attorney to hire. You might want to check google reviews and such, but I would look for attorneys that specialize in Personal Injury.

You will not have to pay anything. Only sign up with an attorney that does they “you pay no fee unless we win”. The amount you get from having an attorney minus his or her fee is almost certainly going to be more than what you’d be able to negotiate yourself. It isn’t worth the headache either.

This type of case isn’t the type that is going to require a keen legal mind honed with the Socratic method at one of the finest law schools in the country. Your case is almost certainly going to be a matter of who is a better and more efficient negotiator and paper pusher. Any competent Person Injury attorney can do this. If they have been around for a while and have more than one office - that is a sign they know what they are doing. Not saying it is the best way, but it is a quick and dirty way. I would check anyone you see ads for through Google/yelp/whatever does attorneys to make sure you are probably getting someone you’d want to deal with.

What happened to your groceries? Those things aren’t exactly cheap.

A while back, I was hit by a cell phone using bint. I was OK and my bike wasn’t damaged too much, but my helmet and leathers had to be replaced. Despite witnesses who saw the whole thing, the bint claimed that she hadn’t hit me and her insurance told me that they wouldn’t pay for the damage done to my property.

So, while I had never done such a thing before, I got myself a junkyard dog lawyer. He rubbed his hands with glee and filed for over 100 grand of damages that included loss of sex for both myself and my sweetie. The insurance company settled much lower than my lawyer was asking for and much higher than I originally asked.

All I really wanted was an apology, new leathers and helmet and the damage on my bike fixed. The bint’s insurance company totally blew me off. My lawyer not only got me more than I asked for, he got it for me very quickly.

So, my advice is that you don’t even wash your damaged clothes, keep them as they are, get your grocery receipt from the store, if you don’t have it and have someone take pics of your bruises every day and call a Personal Injury lawyer.

He will take 33% of the money, but he will make sure that there is enough money that you get what you need to be whole and still pay his bill.

I’m glad it wasn’t worse. I so hatAes cell phone using bints and gets. They are worse than drunk drivers.