QuestionI am a female driving after a STOP sign as soon I made a right turn, there is another left turn after a small distance then I was about to take left turn. On the other side of road there is a BUS stop and one bus was stopped. Because I saw I had RED light I had my feet on brakes and also on my side of the road there was a bus on the right turn. Three pedestrians ran in the middle of the road coming from blind corner behind the bus to catch the bus on the other side. One passenger came in front of my car and just stumbled no injuries. I stopped the car put the flasher on and being a narrow road it was not safe to come out and asked them if they were OK they said they were fine while the bus was standing on the side of the road. I offered help if they wanted to go hospital her friend said she is fine. I asked three times and they said they were fine. The lady who had come in front of the car walked away on the other side by her self without any help. Her friend went back to the driver to explain that she stumbled and with her stretched hands showed to the driver how she prevented herself from falling down, looking at this that she is fine and I have asked them they are OK so after confirming from the passengers, I left from their. Today I got a call from police saying that they have filed a case. What should I do and what happen such cases.
AnswerHi Aj,
I think that you first need to prepare to give a statement to the police, if she did not already take your statement. Here is a little information on what an insurance adjuster might ask of you, just to prepare you a bit:
Here are two pages that tell what to do now if you have already given a recorded statement to the insurance adjuster.
http://www.settlementcentral.com/page0207.htm Questions Asked by Insurance Adjuster (auto accident)
http://www.settlementcentral.com/page0190.htm Auto Accident Injury: Questions You Will Be Asked
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Next, figure out what their statement contains. Maybe they are just fulfilling a duty their parents told them to do. Who knows? This does not automatically mean that they are going to bring a personal injury claim.
BUT if the officer tells you that their purpose is to file a personal injury claim, THEN YOU BEST GET FULL INFORMATION TO YOUR OWN INSURANCE COMPANY ASAP. That is your last choice, but with the need for you to have a defense, it is best to comply with your duties in your insurance contract.
Will your rates go up? Not necessarily. Most states do have standards set by which the state insurance commissioner http://www.settlementcentral.com/links.php has set the threshold under which no rate increases can be made.
This comes under the topic of "at-fault" accident designation. In some states, the insurance company has to pay out at least $1,000 before the accident can be classified as "at-fault" for the purposes of raising your rates. Hence, if your company were to pay out less than that amount, there would be no rate increase allowed.
The next steps would be to get some witnesses involved, to return to the scene and to GATHER ALL EVIDENCE NOW: DO IT QUICKLY AND QUIETLY
#1. GET WITNESS STATEMENTS.
Witness Statements Settle Personal Injury Insurance Claims http://www.settlementcentral.com/page0196.htm
#2. GET PHOTOS
http://www.settlementcentral.com/page0200.htm Photographs to Preserve Evidence of Negligence
http://www.settlementcentral.com/page0231.htm The Value of Photographs at the Accident Scene
Those steps would allow you to live in peace, without the fear of being sued or having your rates increase.
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.settlementcentral.com
