Can I sue when I got hit when crossing in a pedestrian lane? - Personal Injury Law Questions and Answers- LawQA.com

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Can I sue when I got hit when crossing in a pedestrian lane?

I was crossing the street legally at a red light, when the car that was stopped at the light was rear ended. That stopped car hit me and I went flying, and hit the pavement hard. I have a torn MCL ligament in my knee + brusing + swelling + pain. I have to wear a brace and still limp, and can not play any sports. I am 27 and have car insurance. Do I go through my insurance for a settlement or sue? And how much?

Answer By Jeffrey Lapin
Lapin Law Offices
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Yes you can sue for getting hit by a vehicle while you were crossing the street assuming you were crossing the street legally (with the light and/or Walk signal). You would go through your own car insurance initially to pay for your medical expenses under your Medical Payments Coverage. When you are done treating you would then try to settle with the at-fault driver's car insurance company, which, from your description, would be the car insurance company for the car that rear-ended the car than hit you. If you cannot settle for a fair amount then you would sue the driver of the vehicle. In most cases you have to sue the driver as you cannot sue the insurance company except under specific circumstances. As to how much your case is worth I cannot answer that question without more information. Each case is different and its value is based on its particular facts. A person is entitled to be "made whole" or "compensated" for all injuries and damages they sustained. There are a number of factors that determine what a case is worth. Some of these include, but are not limited to: the nature and extent of the injury; whether an injury is temporary or permanent; your medical expenses; lost wages; and pain, suffering and inconvenience. If an injury is permanent, a person may be entitled to additional money for some or all of these items. Without knowing your total medical expenses, lost wages and whether you will have permanent restrictions, I cannot even provide an estimate of what your case might be worth. You might want to talk to an automobile accident attorney. Most of these attorneys offer a free consultation so it will not cost you anything to learn more about your rights and options.

Answer Applies to: Nebraska
Replied: 11/19/2012

Havens & Lichtenberg PLLC
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Your car insurance is not likely to have anything to do with this incident. You need to file a lawsuit against the driver and the owner of the car that hit you; he/she will bring into the suit the driver/owner of the car that caused the collision; and both defendants will involve their insurance companies. (To cover all bases, you should also file accident report with the police and notify insurance companies of both drivers). The drivers/owners will have to fight out in court the allocation of the fault; but it hardly matters to you who will end up paying for the harm you suffered. The amount of your claim should include the costs of your medical treatment and rehabilitation, the earnings you lost as the result of your injury, and compensation for pain and suffering. Depending on the circumstances of the collision, you might also receive punitive damages (for instance, if the court finds that the driver of the second car caused the collision because he was grossly negligent). Often, people in your situation feel tempted to accept the settlement the faulty driver's insurance will surely offer. It resolves the problem of paying for the treatment, and gives you a nice wad of cash when you need it to pay your bills while you cannot work. Considering the settlement offer, remember that the insurance company does not extend it to you out of goodness of its corporate heart: it wants to limit its losses. If you accept the settlement, you will not be able to go to court later, neither against the insurance company nor against the driver personally, even if it turns out that the money you accepted does not come close to covering all your medical expenses, or if the injury causes a long-term disability.

Answer Applies to: New York
Replied: 11/12/2012

Answer By Melvin Franke

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You sue the car that hit the car that hit you.

Answer Applies to: Missouri
Replied: 11/9/2012

Answer By Steve Lombardi
Lombardi Law Firm
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Yes you have a valid claim. Your claim is against either the driver of the car causing the accident, the owner of that car and your own insurance company for both medical pay and perhaps uninsured/underinsured insurance. As for the amount it's way too early to know the answer to that question.

Answer Applies to: Iowa
Replied: 11/9/2012

The Law Office of Stephen R. Chesley, LLC
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You should contact an attorney to discuss your case as soon as possible. The car that hit you would pay your medical bills and anxillary expenses and then you would sue for pain and suffering. There are time frames that should be considered. Therefore, you should seek legal counsel

Answer Applies to: New York
Replied: 11/8/2012

Answer By Lewis B. Kaplan

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Sounds like you have a claim against the driver of the number 2 car. I do not believe your auto carrier is involved except perhaps on the issue of medical payments coverage. I'd actually have to read policy language to determine that. Pretty clearly you need to meet with a lawyer to discuss in more detail.

Answer Applies to: Illinois
Replied: 11/8/2012

Answer By Mindy Bish

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You will need to file a claim against the care that rear ended the car that eventually hit you. You need to get a copy of the police report to see if the car was being driven by an employee of the government in order to insure you do not wait to long. Most attorneys will take these kind of cases on a contingency fee meaning you don't pay unless you win so you might want to see if you can get in person legal advice.

Answer Applies to: California
Replied: 11/8/2012

The Law Firm of Reed & Mansfield
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You have a good case against the driver who rear-ended the driver who stopped for you. If that driver fled the scene or does not have insurance and you have uninsured motorist coverage you can collect from your own ins. co.

Answer Applies to: Nevada
Replied: 11/7/2012

Answer By Victor Varga

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No car insurance will cover you as you weren't driving. Make a demand and if they don't pay, sue. As for how much, that depends on the specifics of your case.

Answer Applies to: Maryland
Replied: 11/7/2012

Paul Whitfield and Associates P.A.
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You have a claim against the car that caused your injury. you sue the driver. What your case is worth is based on injury nature, extent, medical care, doctor opinion. Bills etc etc etc. Get you a good PI lawyer.

Answer Applies to: North Carolina
Replied: 11/7/2012

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