QUESTION
I was in an accident involving a pedestrian. Who is responsible for the damages and expenses incurred if I was found not at fault?
Asked on Nov 30th, 2012 on Personal Injury - Pennsylvania
More details to this question:
The pedestrian was a visually impaired 84 yr old man crossing a 2 lane double yellow line road to his mailbox. He was wearing dark clothing and it was after dark. There was no crosswalk in the area. The man died from his injuries. The car was totaled and was not covered by insurance. I suffered injuries from the windshield coming in from the impact and required hospital treatment. How can I receive compensation for my injuries and the damage to the car? Geico refuses to pay. Thanks in advance for any advise.
1 ANSWER
4 Awards
The answer here may not be clear. I think you were likely found not to be at fault for a crime, but perhaps that determination has not been made with regard to a civil case. You could sue the man's estate which might trigger any insurance coverage he had. A jury could determine that either of you, or more likely both of you to varying degrees, were at fault in a civil case. You should meet with a lawyer who handles both crivil and criminal matters to discuss this sort of case. Steve Fairlie
Answered on Dec 02nd, 2012 at 10:20 AM