What to do if I was involved in an accident where I struck an intoxicated pedestrian who walked out in front of me?

UPDATED: Feb 26, 2013

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What to do if I was involved in an accident where I struck an intoxicated pedestrian who walked out in front of me?

After the crash I exited my vehicle to comply with my duty to render aid at which time I was assaulted by one of the pedestrians friends. I suffered multiple broken bones in my face, nerve damage and teeth damage along with a severe concussion. It’s been over 6 months and still have swelling, pain, headaches ect. I have thousands of dollars in medical and psychiatric bills for myself and my 5 year old son who witnessed everything. The assailant has no money, no job, no insurance and is in jail. Is this in anyway a car insurance issue seeing as I was injured as a direct result of the accident and subsequent activty?

Asked on February 26, 2013 under Personal Injury, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately no--this is not an automobile insurance issue. The incident may have been provoked by a car accident, but the injuries to you were not caused by a car accident--by your own admission, the car was stopped, you were out of the car, and you were beaten by an assailant. Auto insurance does not apply in that situation.

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