I was struck by a car while using a crosswalk. The driver, a woman in her late 50s, hit me while I was crossing the street. After the incident, I informed her that I would be pursuing legal action, and she pulled over. I sustained some bruises and called 911, but it wasn’t until the next day that I started feeling sore all over. The soreness lingered for a month, although my x-rays came back normal.
When I spoke with her insurance company, I learned that she claimed I only hit her dashboard before falling onto the crosswalk. The police who responded to the incident noted that both parties needed to exercise more caution, so they did not issue her a citation for failing to yield. The crosswalk lacked a button or walk signal, meaning pedestrians had to look both ways before crossing.
State Farm took two months to reach a settlement of $2,000, but they stated that their client does not admit any liability.
I had planned to fly home about 10 days after the accident and decided to go through with my trip, but I had to limit my activities. I’m concerned this might affect my health as I get older. I believe she is at fault for not yielding to me, but I don’t have any witnesses or CCTV footage to support my case.
Edit: Should I accept this settlement? Do you think the amount offered is fair?
I’m really sorry to hear about your accident; that sounds incredibly challenging and painful both physically and emotionally. Since the driver’s insurance company has offered you a settlement of $2,000, it’s important to consider several factors before deciding whether to accept it.
Medical Expenses: Have you incurred any medical bills as a result of the accident? Make sure the settlement covers your medical expenses, including any future treatments for ongoing pain and soreness.
Pain and Suffering: Beyond medical costs, compensation for pain and suffering can often be included in a claim. If your injuries have caused you significant distress, it may be worth pursuing a higher amount.
Future Implications: You mentioned worries about how this might affect you as you age. If you believe there could be long-term consequences from your injuries, it might be wise to seek a more comprehensive settlement.
Legal Advice: Given that there were no witnesses or CCTV, proving liability could be difficult. However, consulting with a personal injury attorney can provide guidance on whether the offer is fair based on your circumstances and injuries.
Compare Offers: Research average settlements for similar accidents in your area to get a better idea of whether $2,000 is typical or low.
Taking the time to explore these aspects will help you make an informed decision. If you feel uncertain about the offer, it could be worth negotiating with the insurance company or seeking legal representation to advocate for you. Your health and wellbeing are what matter most, so ensuring you are compensated fairly is crucial.