Recovering Damages After a Pedestrian Accident
Some of the worst injuries we see in our business, and those that typically have very tragic results, occur when a pedestrian is injured in an auto accident. In that particular situation, you would not only be seeking to file a claim against the other person for your injuries, but that vehicle would also be responsible for covering your no-fault bills. In New York State, that means when two cars are involved in an auto accident, then each driver’s car insurance carrier would cover the owner’s medical bills and lost wages through something called no-fault. As a pedestrian, you look to the striking vehicle for both.
You have a claim against them for pain and suffering, but you also need to have them cover your lost wages and your medical bills. For that, you have to get a written claim in to the insurance carrier within 30 days of the accident, or they won’t pay any of your bills. Typically, they will use the opportunity to take a statement from you under the no-fault part, and then use that statement against you later during the personal injury part. For that reason, you really need to enlist the services of counsel right away – particularly in situations where the insurance carrier can force you to give them a statement early on in the case and then try to use it against you later