Legal Question in Personal Injury in Kansas
pedestrian hit by vehicle
My 15yr daughter got hit crossing street in front of home, doing extensive damage to her teeth. Police took no statements from her or people in parked car she just got out of. The vehicle moved prior to me calling 911, and rough diagram from police is incorrect and inconsistant. Doesnt the drivers insurance have to pay her medical? Todays 1st visit to dentist was $795,and several proceedures to go, & all this after 5 yrs orthodontist care! Any advice is greatly appreciated because I do not have a clue about her/my legal rights in this. Thanks for your time. T
2 Answers from Attorneys
Re: pedestrian hit by vehicle
If it was the driver's fault that he/she hit your daughter, then the driver's insurance should pay for dental and medical bills, as well as pain and suffering and any permanent impairment. However, that has to be done in one final settlement or judgment. Meanwhile, if your daughter does not own a car, that driver's insurance should pay for her medical/dental expenses up to its PIP limits, which is usually $4,500. The final settlement/judgment will take into account any fault by your daughter which contributed to her injuries. A complicated situation. I suggest you talk to an attorney who handles lots of car wrecks as soon as possible.
Jim Wisler
Re: pedestrian hit by vehicle
Based upon the information you have stated your daughter is entitled to medical reimbursement from the insurance company. She may also be entitled to pain and suffering if the injuries require enough treatment.
You should most likely should speak to an attorney to go over the different issues.
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