While backing up someone walked behind my car, and they got hit.

[canwegosoon]

This happened last month an I have been so stressed out about it. This person(73+yo) out of the blue walks behind my car while I am backing up in the church parking lot. I was looking before I go it my car, and looking the whole time while I was backing up really slow, but some how they managed to walk right behind me an got hit(BTW I believe they are smaller than 5 feet and I was driving a mini van with the back head rests at 4'11"). I was going slow, but they needed a few stitches for a cut on the back of the head...but that was it...no broken bones, etc. They did a cat scan and mutiple xrays at the hospital. I feel horrible(I have be having intense neck pain, nausea, occasional dizzyness etc from the stress) but I would hate to hurt anyone even accidently.

So last week I get a call from my insurance carrier that I am being sued. So this has to be for something besides medical bills. I know this person was in an accident 2 months before my accident. I was not issued a ticket by the police, but I am listed as causing the accident(although I don't know why-I was watching and going slow, and in a parking lot) but I guess I had the moving vehicle, so ok, I can see that. My DH talked to a few lawyers at work, they said that they were partially negliant(50%) for walking behind a moving car...and they felt it would be no fault. I just don't understand. Does anyone know what to expect in NY with regaurd to this? Thank you. Any advice would be appericated.

 

[poohandwendy]

I have no advice or experience, but I wanted to offer some {{{HUGS}}}. That's a drivers worst nightmare come true, hitting a pedestrian. I can imagine your stress, I would be upset too. Good luck with it, I hope it is resolved soon.

 

[AKL_Megs]

I'm sorry to hear this.

Something very similar happened to someone I know. About six months after the accident happened, she got a letter in the mail from her insurance saying that she was being sued for $50,000 in medical bills, lost wages, yadda yadda yadda. Needless to say, it's about five years later and the insurance company and their lawyers are still fooling around with the whole thing. She has no idea what will happen. But it was 100% her fault, even though this is Michigan, and we have no-fault...

I hope that since it's a 50/50 thing for you, it will be dropped. I think it will. Good luck!

 

[canwegosoon]

I'm sorry to hear this.

Something very similar happened to someone I know. About six months after the accident happened, she got a letter in the mail from her insurance saying that she was being sued for $50,000 in medical bills, lost wages, yadda yadda yadda. Needless to say, it's about five years later and the insurance company and their lawyers are still fooling around with the whole thing. She has no idea what will happen. But it was 100% her fault, even though this is Michigan, and we have no-fault...

I hope that since it's a 50/50 thing for you, it will be dropped. I think it will. Good luck!

This is my biggest fear...I am sick every day I think about it for a second. And NY has a 3 year window to file.... Thanks for the huggs

 

[donald&daisy]

I'm a law student, and actually I am at working, clerking, but it is Friday and we aren't busy so I did a quick search for you. Unfortunately, it isn't great news. Here's what New York Jurisprudence had to say:
"Like some other jurisdictions, New York has adopted what is characterized as a "pure" comparative negligence system, which allows a plaintiff whose negligence or other culpable conduct is not the sole proximate cause of his or her injury to recover despite his or her degree of fault, but requires a reduction of damages in proportion to the degree attributable to him or her."

So say the jury found you 60% at fault and the plaintiff 40% at fault. You (or your insurance) would pay 60% of whatever amount the jury came up with.

Please don't take this as the complete and utter truth. I just did a quick search, but NY courts are generally known for being pioneers in the area of negligence law, so they are a bit more liberal than states like AR, where I am from, which say that you have to be more than 50% at fault before the plaintiff can recover.

I feel your pain. I was in a very minor traffic accident, which was my fault, and they came after me for everything they could. Fortunately, there wasn't much they could prove and it was settled early on, which your will likely be also.

 

[canwegosoon]

Donald and Dasiy..thanks...I understood that NY part about the negligence . I think my DH's lawyers actually said it would be no-fault so I have a call in to the attorneys.

 

[donald&daisy]

Good idea! Like I said, it was a quick search. Good luck!

 

[Tiffer]

This happened last month an I have been so stressed out about it. This person(73+yo) out of the blue walks behind my car while I am backing up in the church parking lot. I was looking before I go it my car, and looking the whole time while I was backing up really slow, but some how they managed to walk right behind me an got hit(BTW I believe they are smaller than 5 feet and I was driving a mini van with the back head rests at 4'11"). I was going slow, but they needed a few stitches for a cut on the back of the head...but that was it...no broken bones, etc. They did a cat scan and mutiple xrays at the hospital. I feel horrible(I have be having intense neck pain, nausea, occasional dizzyness etc from the stress) but I would hate to hurt anyone even accidently.

So last week I get a call from my insurance carrier that I am being sued. So this has to be for something besides medical bills. I know this person was in an accident 2 months before my accident. I was not issued a ticket by the police, but I am listed as causing the accident(although I don't know why-I was watching and going slow, and in a parking lot) but I guess I had the moving vehicle, so ok, I can see that. My DH talked to a few lawyers at work, they said that they were partially negliant(50%) for walking behind a moving car...and they felt it would be no fault. I just don't understand. Does anyone know what to expect in NY with regaurd to this? Thank you. Any advice would be appericated.

NY is a comparative negligence state as a pp stated. As such, even if you are found 1% liable, you are on the hook.

Be aware that No Fault in NY is not what it sounds to be. It just means that despite who is at fault, your own insurance carrier will pay your medical expenses, lost wages and other necessary expenses i.e. household help.

Since you hit a pedestrian, your No-Fault coverage will cover the pedestrian.

That is called first party benefits.

If you are being sued, you are also being sued on the 3rd party side, for damages such as pain & suffering.

Two totally different things. No-Fault is contractual and the thrird party side is tort.

 

[jonestavern]

I have always been horrified at the way some folks will walk directly in back of parked cars--say, in a large parking lot. I'm talking touching the bumper close, too.
They'll take their toddlers by the hand and without a thought in the world proceed to walk hard by cars even if they see the brake lights on.
Other times you can be pulling out of a spot, slowly & carefully, and this brand of numbskull will even speed up to get by you, thereby placing themselves directly behind.
At some point you have to be held responsible for yr own actions.
I do not believe the pedestrian is always right.

Please get a good lawyer (sounds like you've got this covered) & contact some witnesses. Document the stress you are experiencing by going to a doctor. I know you feel horrible causing injury to another, but you are going through the wringer, too.

Jean

Hi Tiff!

 

[mattsdragon]

If your reverse lights are working, then they don't have a leg to stand on (no pun intended, ok, maybe slightly intended) in a tort suit. If they are going after your insurance company, then there is a dispute on what your insurance is willing to pay, but if they are going after you, get a good enough lawyer and they'll end up paying your legal fees.

 

[Tiffer]

I have always been horrified at the way some folks will walk directly in back of parked cars--say, in a large parking lot. I'm talking touching the bumper close, too.
They'll take their toddlers by the hand and without a thought in the world proceed to walk hard by cars even if they see the brake lights on.
Other times you can be pulling out of a spot, slowly & carefully, and this brand of numbskull will even speed up to get by you, thereby placing themselves directly behind.
At some point you have to be held responsible for yr own actions.
I do not believe the pedestrian is always right.

Please get a good lawyer (sounds like you've got this covered) & contact some witnesses. Document the stress you are experiencing by going to a doctor. I know you feel horrible causing injury to another, but you are going through the wringer, too.

Jean

Hi Tiff!

Hi.

If your reverse lights are working, then they don't have a leg to stand on (no pun intended, ok, maybe slightly intended) in a tort suit. If they are going after your insurance company, then there is a dispute on what your insurance is willing to pay, but if they are going after you, get a good enough lawyer and they'll end up paying your legal fees.

That is absolutely not true. See comments above about comparative negligence.


Your insurance company will hire the lawyer on your behalf. They can't go after you and not your ins co. If you get served, forward the complaint to your ins co.

You don't need to get a lawyer yourself.

 

[DisneyPhD]

When I was 22 year old I was leaving my college internship program and a man jay walked, ran across the street in the pouring rain in front of my car as I was turning left. I turned my head back to see if it was clear to merge, and he ran right in front of me. I was going very slow (still in 1st gear) and he came up on the hood of my car and back down. We were in front of the hospital (where I worked).

The man did not speak much English and he appeared fine at the time (he was over mid 60's). He was taken to the hospital to be sure. The police did not give me a ticket (they said I did nothing wrong, even though ped do have the right away.)

6 months later I got sued. I was freaking. I was 22 years old, had nothing in the world (had just gotten married.) My insurance took care of EVERYTHING. They even paid me for the time off work. My insurance also never went up. The man got almost 100,000. What for? A torn rotator cuff. He said it was lack of contortion (could not have sex.) Really want proof a almost 70 year old man was getting it to before the accident, but what can you do???????

The whole thing really irked me. This guy had been involved in a number of law suits in the past.

My point of my story is don't fret. You have insurance, it will take care of it.

And yes, for a long time I suspected every single pedestrian to jump off the side walks in front of my car.

Sorry this has been so stressful. I know how you feel.

 

[swankybeth]

I work for a large insurance company in NY and I handle bodily injury claims (the kind of claim you are talking about). PM me if you have any specific questions and I can try to help.

 

[MushyMushy]

Isn't your insurance company taking care of all this?

My dad was recently sued for hitting a woman and the insurance company hired the lawyer who represented him in court and did all the research and legwork.

 

[Sheree Bobbins]

Oh, I am so sorry you had this accident. It could happen to anyone at any time. No advice from me, just {{{{{HUGS||||.

 

[canwegosoon]

Isn't your insurance company taking care of all this?

My dad was recently sued for hitting a woman and the insurance company hired the lawyer who represented him in court and did all the research and legwork.

Yes my ins co has had lawyers call me already (that's who my call is in to). There has been several pieces of paperwork to fill out. But I want to be sure the lawyers know this person was also in a recent accident and there might have been injuries or stress related to my accident. I can tell you I am not myself anymore even though I try every day. There were no witnesses- I just don't understand how you can walk infront of a moving car.

Tiffer...thanks for your expertise here...swankybeth I am going to PM you, thanks.

Thank you everyone...I know no one wants to have an accident, and I have to forgive myself because there really wasn't more I could have done. I feel funny about going to town or church(very small town).

 

[Linnie The Pooh]

I'm so sorry this happened to you! How awful. It's astonishing how sue-happy people are.

My mom was in an accident a few weeks ago. She was heading south and went into an intersection when the light turned green. A lady heading west barreled into her so hard it spun her mini van 180 degrees so she was then pointing north. My mom thought she was fine-the lady admitted it was totally her fault. Her van suffered some damage and that is being paid for, but after a few days my mom was really sore. Not a big deal though. There are people urging my mom to sue this woman and my mom tells them that's ridiculous. It was an accident-there's no point in suing-everything is taken care of through insurance. It's amazing how eager people are to sue.

I really hope everything turns out ok for you. In my state, if you're in a parking lot, it's every man for themself. If you're hurt or in an accident with someone, you each pay for your own. Good luck!

 

[canwegosoon]

I'm so sorry this happened to you! How awful. It's astonishing how sue-happy people are.

My mom was in an accident a few weeks ago. She was heading south and went into an intersection when the light turned green. A lady heading west barreled into her so hard it spun her mini van 180 degrees so she was then pointing north. My mom thought she was fine-the lady admitted it was totally her fault. Her van suffered some damage and that is being paid for, but after a few days my mom was really sore. Not a big deal though. There are people urging my mom to sue this woman and my mom tells them that's ridiculous. It was an accident-there's no point in suing-everything is taken care of through insurance. It's amazing how eager people are to sue.

I really hope everything turns out ok for you. In my state, if you're in a parking lot, it's every man for themself. If you're hurt or in an accident with someone, you each pay for your own. Good luck!

I hope your Mom is ok...I like your state's law...but I can see how if some one was just full bore backing up without looking should be responsible.

 

[Linnie The Pooh]

I hope your Mom is ok...I like your state's law...but I can see how if some one was just full bore backing up without looking should be responsible.

She is doing well, thank you! She's still sore, but it could've been much worse so I 'm very thankful it wasn't. I swear that woman's guardian angel does overtime with her-she's had so many near misses. I have more gray hair from worrying about her and shouldn't it be the other way around??

 

[Tiffer]

Yes my ins co has had lawyers call me already (that's who my call is in to). There has been several pieces of paperwork to fill out. But I want to be sure the lawyers know this person was also in a recent accident and there might have been injuries or stress related to my accident. I can tell you I am not myself anymore even though I try every day. There were no witnesses- I just don't understand how you can walk infront of a moving car.

Tiffer...thanks for your expertise here...swankybeth I am going to PM you, thanks.

Thank you everyone...I know no one wants to have an accident, and I have to forgive myself because there really wasn't more I could have done. I feel funny about going to town or church(very small town).

No problem. Accidents happen. That's why you have paid insurance premiums all these years.

I'm so sorry this happened to you! How awful. It's astonishing how sue-happy people are.

My mom was in an accident a few weeks ago. She was heading south and went into an intersection when the light turned green. A lady heading west barreled into her so hard it spun her mini van 180 degrees so she was then pointing north. My mom thought she was fine-the lady admitted it was totally her fault. Her van suffered some damage and that is being paid for, but after a few days my mom was really sore. Not a big deal though. There are people urging my mom to sue this woman and my mom tells them that's ridiculous. It was an accident-there's no point in suing-everything is taken care of through insurance. It's amazing how eager people are to sue.

I really hope everything turns out ok for you. In my state, if you're in a parking lot, it's every man for themself. If you're hurt or in an accident with someone, you each pay for your own. Good luck!

If someone is injured, through someone else's negligence, it is there right to sue. The defendant doesn't pay out their pocket, that's why the have insurance.

Beleive me, I do it for a living for 7 years, it is not a windfall. People, in NY anyway, due to laws that require ceratin enumberated threshold injuries, have to be really hurt. Not "oh, my neck"and wear a neck brace to court.

These people have Dr. bills because the No-Fault system is so flawed, that after 6 months to a year, they have their own insurance Dr say the victim doesn't need any more treatment.

They are usually out of work due to their injuries, meaning no income, no one after No Fault cuts them off to pay their Dr.'s, what are they to do?

This usually causes depression in most people who are used to working and supporting themselves, now feel like drain on friends and family.

Believe me, once you have gone through it, you would not want to again.

The percentage of fraud in this industry, in NY state is under 5%. I think it's about 3%, but I am not exactly sure.

I hope your Mom is ok...I like your state's law...but I can see how if some one was just full bore backing up without looking should be responsible.

People should be responsible, hence the comparative and contributory negligence laws.