If I was an intoxicated pedestrian struck by a cab in a busy intersection and I did not have a walk signal, should I still make a claim to his auto insurer?

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If I was an intoxicated pedestrian struck by a cab in a busy intersection and I did not have a walk signal, should I still make a claim to his auto insurer?

I was struck by the cab in a busy intersection. I did not have a walk signal and I was intoxicated. I was taken to the ER by ambulance. I was given a CT scan and was released the next morning. The driver did not incur any injury and was not taken to the hospital. Do I have a right to make a claim to his insurance company for my medical bills and, if so, what are the chances they will reimburse for my expenses?

Asked on January 9, 2012 under Personal Injury, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You always have the right to ask for compensation; however, there is an excellent chance that they will not pay. From what you describe, it appears that the fault would be yours: 1) you were intoxicated; 2) you did not have a walk signal; 3) without a walk signal, you were attempting to cross a busy intersection. Liabiltiy insurers will only pay to the degree they believe their insurered was at fault, and nothing of what you wrote indicates fault on the cabbie's part. Fortunately, you appear to have not been injured, or at least not severely; you may wish to count yourself lucky at that, and not count on having the medical bills picked up.


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