Legal Question in Personal Injury in Oregon
A man is claiming that I aggrevated a knee condition and a back condition in a parking lot accident. He has a fake knee and apparently has had prior back surgery. The incident stems from my pulling out of a parking lot slot at 1-3 mph. He is claiming I jarred his back and lodged his knee under my Toyota Corolla. The man proceeded to walk over to a car that was several feet away and hold onto his knee. I offered to call 911 and he refused twice. He even walked into Dick's sporting good store to check on his leg. He then came out of the store and got into his car and drove away. I asked him if he really thought he was ok to drive and he said yes. He is now stating that this trauma to his body has caused significant damage. My insurance policy covers $25,000 worth of damage. I have spoken to USAA insurance and made an appointment for a consultation with an attorney for this coming Tuesday
1 Answer from Attorneys
Is the attorney representing you or representing the insurance company? If she represents the insurance company, she may have little incentive to protect your interests. The insurance company can settle with the injured man for $25,000 (the policy limit), which leaves you potentially on the hook to pay a much larger judgment in court (if he proves that you negligently backed into him, causing him serious injury).
You should get a consultation with an attorney who represents you, not the insurance company. You should also return to Dick's and see if you can find anyone working that day who can tell you what the man did when he went into Dick's. You should also contact anyone who witnessed any part of the incident so you can later get their statements.