Visitor Question

Hit by Car in a Parking Lot…

Submitted By: Anonymous (USA)

I was walking across a supermarket parking lot at night when a lady pulled out of her parking spot without looking and hit me as I was walking by.

I got a concussion when I hit my head and hurt my back and shoulder. I was hospitalized for the concussion and the other injuries. The lady has insurance.

Do you think I have a lawsuit? Are my injuries covered by her insurance? How much money could I get? Thanks for any info you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

It would be premature to talk about filing a lawsuit. Filing a lawsuit should be a last resort. From the facts you present it would appear the driver is at-fault.

Under the circumstances it would be appropriate for you to contact the at-fault driver’s insurance company. Usually within a few days after contacting them you will receive a call from a person identifying themselves as a representative for the at-fault driver’s insurance company. These representatives are otherwise known as “Claims Adjusters”.

The Claims Adjuster will take a recorded statement from you asking you to state exactly what you remember happening at the time you were hit by their insured. (Recorded statements are perfectly normal. Think of them as making a copy of a written statement you might have given if you had not been contacted by the Adjuster.)

The Adjuster will ask you to submit to her verification of all of your medical bills, also referred to as “Hard Costs,” and lost wages. She may not ask you about any out-of pocket expenses you may have incurred, such as bandages, prescription pain medications and the like. Make sure you get that information to her as well. You deserve to be compensated for those costs.

Normally, if the case involves “soft tissue” injuries only, the amount of the settlement will not be as high as it would if your injuries had been more severe. Soft tissue would include concussions, sprains, lacerations, and similar injuries. Soft tissue injuries do not include broken bones, scarring, permanent damage, or ongoing debilitating injuries.

For soft tissue injuries you can expect to receive about 3 times the cost of your medical bills. The offer of anywhere from one to three times the amount of your hard costs is made so that it includes past, present and future pain and suffering, as well as out of pocket expenses and lost wages. The insurance company operates that way so they can deal with these types of claims faster and more efficiently. Otherwise there would have to be multiple negotiations for hard costs, lost wages, out of pocket expenses and pain and suffering.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 2, 2011

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