So my wife was hit by a car...

bel83 - 2009-12-18 2:56 PM

Last night while she was out for a run with one of our dogs. Luckily it was low speed as the driver was making a left hand turn. I am not sure how he did not see her or the dog but considering he cut the corner it does not surprise me (if he had turned legally into his lane he would have completely missed her.) So far the doctor has said only soft tissue damage to her leg. No serious knee/hip injuries and no broken bones. If there is any lingering pain in a couple of weeks she will go back in to see if there is damage to any of the ligaments or tendons that were not evident under the swellin and bruising. She can walk ok (though stairs hurt) but has orders to RICE it. I also had her file a police report (via non emergency channels) so there is a records of it. At least the guy stopped and she got his information.

The only question I have is what now. Do we need to take any legal action against the guy? (would prefer not too as long as it remains no serious damage). Is there any follow-up on the police report that needs done?

(oh and the dog was fine )

mr2tony - 2009-12-18 12:58 PM Glad to hear she's OK. Do not sign anything waiving coverage from his insurance company. That's the first thing they tried to have my (now ex-) wife do when some dude hit her way back when. These injuries tend to last for a long time and if you sign off on anything you're basically saying they're not responsible. Lawyers correct me if I'm wrong, but that's how I recall it going down.

crusevegas - 2009-12-18 4:02 PM

Sorry to hear that, glad she isn't hurt any worse than she is, hope nothing additional crops up.

FWIW, this post could come into play if he is able to find it,,,,, just sayin.

 

zed707 - 2009-12-18 2:45 PM

And the chances of that would be?? I'd estimate very, very close to zero. You have to be a member to get into COJ, their insurance company would have to have some reason to look at a tri training website to look for a post about the wreck, etc, etc, etc.

To the OP, I think it's classy of you two that you're leaning towards not going to sue. That's refreshing in our me-me lawsuit happy society.

zed707 - 2009-12-18 3:45 PM

And the chances of that would be?? I'd estimate very, very close to zero. You have to be a member to get into COJ, their insurance company would have to have some reason to look at a tri training website to look for a post about the wreck, etc, etc, etc.

To the OP, I think it's classy of you two that you're leaning towards not going to sue. That's refreshing in our me-me lawsuit happy society.

Whizzzzz - 2009-12-18 4:30 PM

You can contact her insurance company directly. Your own insurance carrier won't have any standing to contact the other guy's insurance carrier unless and until they make payments on your behalf. (Subrogation).

Now, I don't know what state you are in... but insurance laws vary wildly by state. I live and work in Illinois, so what I'm telling you really relates only to Illinois. I figure I've got a 1/50 shot of giving you the right advice, huh?

Anyway, contact her insurance carrier, see if they accept fault for the accident. Find out what your statute of limitations is as far as presenting an injury claim, and then wait a bit to see how your wife recovers. (Statute of limitations is the TIME LIMIT within which your claim must be settled, or a lawsuit must be filed) in Illinois, the statute is 2 years from the date of the accident.

Since she's likely in good shape, and nothing was broken, she will probably have a speedy and full recovery.

When you and she are convinced that she's recovered, and will not require further medical treatment,  contact the insurance carrier and find out if they are willing to pay your medical bills and offer compensation for pain and suffering. (She is entitled to collect this subjective amount under Illinois state law, your results may vary).

If the insurance carrier makes you an offer that covers the medical bills (or the full repayment of the medical bills, if they've been paid by another carrier... like health insurance) and also includes a reasonable amount for pain and suffering, and you are satisfied, then settle your claim. Settlement will involved the signing of a release that will absolve the driver and the insurance company of any further claims from your wife or you.

Remember if you hire an attorney, you will need to split the pot with him/her... including the money for the medical bills! So even if the gross settlement is more, the net to you might be less...

You can PM me with any questions.

Glad she's generally OK!