Asked in Car Accidents and Personal Injury for Virginia

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.

1 Lawyer Answer
Jay Braddock Jackson
Jay Braddock Jackson
  • Personal Injury Lawyer
  • Fredericksburg, VA
  • Licensed in Virginia

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.

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