Legal Question in Personal Injury in New York
Car accident- car vs pedestrian
I was recently involved in a car accident where I struck a woman who was crossing the street. She was not at the corner, there was no crosswalk or light. I had stopped at a stop sign, looked both ways, and then looked to my right. There is a curve in the road there and you cannot see the traffic coming around that curve. I proceeded to make my left turn while looking to the right to make sure no cars where coming. When I look ahead she was right in front of my car. She suffered a compound fracture of the left lower leg (she is a waitress). This area has had many car accidents because of the curve and no crossway for people to get from the parking lot to the resturant. Her lawyer is saying that I am 100% to blame, excessive speed, negligence, etc. She is now suing my us for 2 million. Everyone tells me not to worry, that the insurance will take care of it and that everyone sues for large amounts, but that there are limits to the amount you can get. Should I be as worried as I am? Any advice would be greatly appreciated. Thank you.
2 Answers from Attorneys
Re: Car accident- car vs pedestrian
There may be some responsibility on the part of the pedestrian if not in the crosswalk. But in any event, the amount sued for generally has no bearing on the amount recovered. Your insurance, and you should have by now given any legal papers to them, should be representing you and indemnifying (paying) for any claim up to the limits of the policy.
What probably concerns you is the 'excess letter' sent by the carrier syaing that they will only cover you to the limits of the policy and perhaps you should get your own lawyer.
In the greatest majority of cases, most plaintiff's lawyers do not go after personal assets above the policy limit.
Good Luck
RRG
Re: Car accident- car vs pedestrian
Well, you should worry, but not drive yourself nuts. I hope you have contacted your insurance company, and they have appointed an attorney to handle your case. If they have not, get on their backs until they do. If they drag their feet, I would suggest that you get an attorney of your own. At least this will keep the plaintiff's attorney off your back.
People do sue for large amounts, but sometimes they are awarded large amounts. At least have an in person consultation with an attorney who handles these types of cases, so you can see precisely what you are up against.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
