If Iwas hit by a van while walking and the driver was at fault, what type of recourse do I have?

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If Iwas hit by a van while walking and the driver was at fault, what type of recourse do I have?

I was walking to the gym @ 6:15 am 3 weeks ago. I was heading north and had the right of way. I passenger van turned left (west) and ran into me and knocked me to the ground. I wasn’t hurt severely and was able to get up and walk. I was checked by a physician the day of the accident, but no major injuries, except for some back pain. The police came and wrote a report.

Asked on October 7, 2010 under Personal Injury, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are still having back pain, you may need additional medical treatment.  When you complete your medical treatment and are released by the doctor, obtain the medical bills and medical report.  The medical report will document the nature and extent of your injury and will determine the amount of compensation you receive for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  The claim you file with the insurance carrier for the passenger van driver should include your medical bills, compensation for pain and suffering and documentation of any wage loss.  Compensation for the medical bills and wage loss is straight reimbursement.  You will need to place a dollar value on the case to compensate for pain and suffering.  You should ask for considerably more than you expect to receive as a starting point in negotiations with the insurance carrier.  The insurance carrier will respond with a lower settlement offer. Don't accept their initial figure.  Try to negotiate a larger amount than the insurance carrier is offering.  If you are dissatisfied with settlement offers from the insurance carrier, file a lawsuit for negligence against the van driver/ registered owner.  You can obtain the name of the registered owner and/or driver from the police report.  If the case is not settled, you will need to file your lawsuit prior to the expiration of the statute of limitations or you will lose your rights forever in the matter.  If the case is settled prior to the expiration of the statute of limitations, no lawsuit is filed.  If it is getting close to the statute of limitations and the case has not been settled, you should file the lawsuit as a precaution that you won't miss the statute.


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