Even if it didn't happen in DC, I imagine VA has a similar law as DCMR 18-2303.2

Quote :

"No pedestrian shall suddenly leave a curb, safety platform, safety zone, loading platform, or other designated place of safety and walk or turn into the path of a vehicle which is so close that it is impossible for the driver to yield."

I point this out because in terms of insurance in contributory negligence states (includes NC, VA, and DC) the fact that the officer wrote the driver a ticket will help your case, but it does not prove it. If the other insurance company can prove that you were even 1% at fault for the accident, you won't be able get any money from them or directly from the driver. Then there is the wording of "suddenly," does that mean that you jump out into the street from a standstill or does that mean you enter the crosswalk too fast? I'm not implying that you were even 1% at fault, just trying to point out the fact that it is naive to believe that just because the driver got a ticket then that is all that matters. Furthermore, the more you call and talk to the driver's insurance company, the more potential evidence you are giving them. They are recording those calls even if they don't play the "your call may be recorded" messages or ask for your consent (even if they ask for your consent and you deny it, it is still legal for them to record it because of one party notification laws).

If you want your bills paid sooner than later, involve your insurance company and let them battle it out. If you don't want to involve your insurance company, get a lawyer.

9/20/2009 1:55:36 PM

Well, the insurance company was awesome and settled with me out of court

11/18/2009 3:07:31 PM

Glad you had a good experience. Its pretty easy to get paid out on a demonstrable injury like that. Where the insurance company really clinches their anus is on a low-moderate impact soft tissue injury. Those are the ones they don't want to pay on.

Broken bones, blood, burns. The check is in the mail.

11/18/2009 8:53:45 PM

i only had soft tissue. no broken bones.

they knew that i could've sued for a lot more

11/18/2009 9:14:36 PM

I certainly see the desire to settle and put it all behind you, but if it were me I'd do what I had to do to get through the bills and let a lawyer handle the settlement.
That may mean..
- Letting your insurance pay for it.
- Paying some money out of pocket.
- Setting up payment plans and making the minimum payment you can get. Who knows, you might only need to pay $20 a month to hold them over.

Whatever it takes to get through this while a professional does what they do best to get a fair settlement.

11/18/2009 11:38:08 PM

I really feel like I'm getting a fair settlement. It was an accident, so I don't need to punish the woman, but I'm also getting extra money for the fact that I'm still not back to some normalcy 4 months later.

11/19/2009 7:10:05 AM

^You're not punishing the woman, you're punishing the insurance company.

And I hope you get back to normalcy soon...because if you don't, that "extra" money you got might not mean much.

11/19/2009 7:49:38 AM

Yea I only have like 2 weeks of physical therapy left. Should be back to walking normally soon. I hope.

11/19/2009 7:53:44 AM

^So did you agree to release the lady/her insurance from any further responsibility?

I mean, what happens if the 'extra' money runs out and you still need some more treatment?

11/19/2009 9:12:53 AM

I haven't signed the paperwork yet - but given my progression - i feel like what's its going to take is time to heal the damage. there's nothing broken, nothing torn (nothing major at least) and i schedule PT per my discretion. i do my exercises at home, and the damn thing is already regaining significant mobility, just going to take time to get the strength to where it was before the accident.

yes there is a slim chance that the doctor will force me to do more PT, but i've done PT enough to know that if you do the exercises at home, you're usually okay.

11/19/2009 9:47:51 AM

I can't believe you even thought of settling this for10k

11/19/2009 11:22:41 AM

i never thought of going that low in total. i was talking about going expenses plus $10k which is about what i settled for.

11/19/2009 2:18:18 PM

got my check

11/23/2009 7:36:27 PM

11/23/2009 8:11:06 PM

since nobody really knows you - can you go into specific details? did the ladys insurance only pay for what your insurance wouldn't? Did really "asking" for $10k work, or were there lawyers involved on either side beyond a consultation?

11/24/2009 7:55:00 AM

no lawyers involved at all. my bills were about $13k, I asked for $25k and they accepted it almost immediately.

i probably could've asked for more - but c'est la vie.

i think that they knew that i could've sued for A LOT more, so they accepted what i asked for, and i just got the check yesterday

11/24/2009 7:57:40 AM

Quote :

"Damn, I shoulda asked for more"

11/24/2009 8:51:11 AM