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    Mike0212's Avatar
    Mike0212 Posts: 2, Reputation: 1
    New Member

    Oct 14, 2011, 05:23 PM
    Car Pedestrian with Minimum Insurance
    I was driving my vehicle at apprx. 8:30 at night, and a pedestrian stepped into the road,and I struck him. A complete police investigation was done and it was determined that I was not at fault, the individual was crossing where there was no pedestrian crossing or cross street. He suffered broken legs and some head injuries. I live in upstate NY, my insurance has the minimum coverages and I have just learned that his family is filing suit. I am single, have no property, live on two part-time jobs. What should I expect, will I have to live the rest of my life fearing being garnished and not ever being able to buy a home ?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Oct 14, 2011, 06:22 PM
    First he has to win. Even if you have minimum insurance your carrier will fight the suit for you. Just turn it over to them and stop worrying.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692

    Oct 14, 2011, 06:47 PM
    Yes, of course they will sue, but they have to prove fault and the investigation done will help your case.

    Why do you believe they will win ? Is there something that happened that was not told to the police ?
    Mike0212's Avatar
    Mike0212 Posts: 2, Reputation: 1
    New Member

    Oct 14, 2011, 07:08 PM
    Sorry that I gave the impression that I thought they might win, if justice and the facts prevail, I know they have no case. Guess I am just scared of the what if's, they hired the local TV ad "we''ll get u money "lawyers and as a young adult,(25) I have never faced anything like this before. Thanks for the responses, appreciate the support.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692

    Oct 14, 2011, 07:19 PM
    That may even work best for you, since the TV lawyer is not going to put a lot of work into a case if he does not think he will get money, They file the law suit and then they will try to cut a deal with your insurance company, very very often, the insurance company knows it costs them ( so many 1000 dollars) to fight a case, and will pay off a small amount just to make it go away.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member

    Oct 22, 2011, 10:06 AM
    I haven't seen an award in an auto accident go over the policy limits in NY in many, many years. I've seen huge awards reduced to the face amount of the policy.

    Will the pedestrian get something for pain and suffering? Probably. Will it exceed your policy limits? I very, very, very much doubt it. And if it does, it will get reduced.

    (I'm a liability investigator in NY)

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