Auto Insurance Claims: bumped a pedestrian, isurance company, company states

Question
My son was stopped at a crosswalk and a 12 year old girl was on the left side of the crosswalk allready attempting to cross. The girl waved him to go and he wited and she did it a second time. He started to roll from a stop position awhen the girl decided to run accross, he bumped her, she fell, got up and ran to her mothers vehicle. Now four months later our isurance company contacted us stating there is a claim against our insurance because the girl cannot walk and is having neck and back pain. The insurance company states she could be at fault also. Could this be possible?

Answer
Hi Michelle,

The determination of who is at fault will depend on the statements that both you and the girl provide to the adjuster. Although your adjuster has said that the girl may be at fault or at least partially at fault, this is something that will be negotiated between your insurance company and the girls attorney.

My personal feeling is that it will likely be considered to be your fault because placing blame on a 12 year old girl who was a pedestrian generally does not happen. You will just have to wait to see how it all shakes out.

I hope this helps
Richard Hixenbaugh