Q: Pedestrian hit by a car. What are my options?
I was a pedestrian hit by a vehicle here in Virginia on June 1. As a result, my knees were pretty bruised up and my back was jolted. I went to the ER directly after via my own vehicle and have been to physical therapy since. The police came to the scene and there was an accident report made but no charges filed. The driver left the scene and denied having any responsibility, saying that he drove past and I just started yelling at him. Nationwide, the drivers insurance company, has stuck with the driver in no liability. I spoke with an attorney who said that because there was no evidence that he hit me and that it's my word against his, I was out of luck.
A: It would be unusual for any insurance company to simply disregard its insured's version of an accident without any other testimony. However, the fact that there was an injury, even though slight, lends credibility to your version. If you went to the emergency room and advised the medical staff there that you were struck as a pedestrian, that information will be recorded in your medical records, which are generally admissible. In a lawsuit filed against the driver, the driver would not be able to have the case dismissed (on summary judgment), so it may well come down to whether a judge or a jury believes your version of events or that of the driver of the vehicle. It is likely that Nationwide will continue to deny your claim for liability reasons. I recommend you discuss the case with a personal injury attorney so that person can advise you on how/whether to proceed.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
