Legal Question in Personal Injury in Michigan

Pedestrian Hit By A Car

I was walking out of a walmart to my car, and a lady hit me. I was walking in the pedestrian area along with several other people who were also exiting the store, and the lady hit me, It she was turning left, towards me, so it caught my left hip first causing me to bend over and hit her hood, then she kept going and it spun me completely around, breaking her drivers side mirror. She cracked her window and asked if I was okay.. I said that yes, I thought I was. She then left. The police said that she had not comitted a crime because she asked if I was okay. Nothing was broken, but I am in pain in my back, hips, and right leg. I am out of work for two weeks so far, and also going through physical therapy. Some people wrote down what they thought her license plate number was, but when the police ran it, nothing came up. I have contacted walmart several times a day ever day since it has happened, because I know they video their parking lot, but the people I need to talk to are conveniently never available. Do I even have any rights where this is concerned? IS there anything that I can do? Thank you for any info you can give me.


Asked on 11/24/02, 6:26 pm

2 Answers from Attorneys

Andrew Prine Andrew W. Prine, P.C.

Re: Pedestrian Hit By A Car

I am located in Saginaw, and it appears that you are in the Warren area from your zip code. You do have rights in this situation, but what they are depend on the extent of your injuries, which seem uncertain at this point, the identity of the driver, which appears to be unknown, and whether any third parties are at fault, such as Walmart. I am not aware of any way to force Walmart to provide their videos without subpoena power, which requires a lawsuit be filed against someone.

Without knowing more details of your situation, and doing a bit of research, I cannot tell you offhand the answers to your questions. By way of suggestion, if you or anyone in your household has a vehicle insured under Michigan's no fault law, I would suggest that you contact your own insurance agent and inquire as to no-fault benefits, uninsured motorist coverage, and any other coverage which might apply where you were struck by an unknown motorist.

Please feel free to contact me if you would like to discuss this unusual situation.

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Answered on 11/24/02, 8:38 pm
William Stern William Stern, P.C.

Re: Pedestrian Hit By A Car

Assuming that you will not find her identity, you may have a right to recover under your own auto policy under the uninsured motorist/hit-run coverage, if you have such a policy. If you have your own car that was insured, chances are you have this insurance. To pursue this, it is almost mandatory that you have a lawyer, preferably someone very experienced in this area. Also, your wages will be covered either by your own insurance, if you have any, or from an insurer assigned to you by the State of Michigan. Give me a call at 248-353-9400 and I can help you. I am in Southfield. Bill Stern

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Answered on 11/24/02, 10:36 pm


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