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I had a very unfortunate accident yesterday causing injury to another person. I was pulling out of the parking lot (car perpendicular to sidewalk) making a right turn onto a main street, and I looked to the right, then to the left, saw no cars and hit the accelerator.
Felt I hit something, braked right away, and immediately heard a piercing scream. Jumping out of the car, an old lady was down on the ground with her calf under my front right wheel... screaming in pain. I try to lift the wheel to help her but she couldn't pull her leg out, so I had to get back into my car, and reverse off her leg... while all the screaming was going on.
Bystanders crowded, fire dept./ambulance/police came, and she was treated and taken to the hospital. I spent the next hour or so with other witnesses talking/providing documents to the police.
Now, of course I will be consulting legal help as soon as possible, but if there are any TL members familiar with traffic accident cases like this I'd greatly appreciate your advice:
1. I'm 21, full-class (G) licence in Canada with 1 previous at-fault accident reported to my insurance. I'm paying ~$210/month in insurance currently, how much of an increase am I looking at after this accident?
2. Because the police was notified, is there any way to perhaps settle with the other party privately (i.e., sticking her a large stack of bills) without letting this accident affect my insurance premium? Or would they know anyway since the accident was reported to the police?
3. If I go through insurance, would I be facing additional possibilities of getting sued? The victim was an old lady who was on medication, I can already feel my bank account bleeding dry.
Thankfully, she only suffered bruises (still, her leg was under the wheel for like... ~10 secs... so fuck I don't know) and maybe a broken ankle which are injuries that hopefully will be healed soon. Also, I was not charged under any civil or criminal penalties, nor given a ticket by the police; he said simply took all the witnesses' accounts, asked for my documents/info and let me go home.
I really need as much advice as I can get going crazy currently, couldn't even sleep at all last night regretting my lack of care punching myself Thanks again.
 
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By your own admission you didn't see the lady. You're own fault.
Be prepared to get sued.
EDIT: For a lot.
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hmm you wont be going to jail otherwise you'd already be in cuffs. haha so thats ruled out. At least your not doing jail time. No charges, your in the clear criminally.
side note: thats why i always believe cars should get the right away, they move faster, they will leave space quicker+ people can jay walk safely, there needs to be a change. I always always watch the driver. if they dont see me i dont move. Also at stop signs all cars should go first, i hate forcing drivers to wait when they could have drove by in seconds compared to the time it takes to cross. Its stupid there should be a change where drivers get the right away. People walking can get to where they need, this would resolve so much issue imo.
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If you pay her under the table she can pretend that never happened and sue your auto insurance. Now I live in the US but if it's anything similar they are going to raise your premium or drop you completely( more likely considering you had a previous accident recently and you hit an old lady.)
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On September 07 2011 22:58 TadH wrote:
By your own admission you didn't see the lady. You're own fault.
Be prepared to get sued.
EDIT: For a lot.
only if she is a bitch imo, my friend got run over, didnt sue cus is no snitch ^_^ maybe this old lady come from a life rough, so she wont. (crosses fingers)
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On September 07 2011 22:59 wishbones wrote:
hmm you wont be going to jail otherwise you'd already be in cuffs. haha so thats ruled out. At least your not doing jail time. No charges, your in the clear criminally.
side note: thats why i always believe cars should get the right away, they move faster, they will leave space quicker+ people can jay walk safely, there needs to be a change. I always always watch the driver. if they dont see me i dont move. Also at stop signs all cars should go first, i hate forcing drivers to wait when they could have drove by in seconds compared to the time it takes to cross. Its stupid there should be a change where drivers get the right away. People walking can get to where they need, this would resolve so much issue imo.
No charges yet. I could see them pulling out assault and battery or something ridiculous. And it's really unfortunate that you didn't see her, expect massive bills soon
Drivers should not get the right of way. In heavy traffic areas, pedestrians would be stranded while car after car drove by. It's even worse if it's raining. A person is just sitting in their car staying dry while the walker has to sit out in the rain.
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Do not take any legal advice or answers from any posters here.
Seek off-forum counsel.
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On September 07 2011 22:58 TadH wrote:
By your own admission you didn't see the lady. You're own fault.
Be prepared to get sued.
EDIT: For a lot.
You're absolutely right but I already said everything you said in OP. The thing about this that I'm wondering about is whether I'll get sued even after my insurances settles with the victim, I mean that's the whole point of insurance... right?
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On September 07 2011 23:03 awu25 wrote:Show nested quote +On September 07 2011 22:59 wishbones wrote:
hmm you wont be going to jail otherwise you'd already be in cuffs. haha so thats ruled out. At least your not doing jail time. No charges, your in the clear criminally.
side note: thats why i always believe cars should get the right away, they move faster, they will leave space quicker+ people can jay walk safely, there needs to be a change. I always always watch the driver. if they dont see me i dont move. Also at stop signs all cars should go first, i hate forcing drivers to wait when they could have drove by in seconds compared to the time it takes to cross. Its stupid there should be a change where drivers get the right away. People walking can get to where they need, this would resolve so much issue imo. No charges yet. I could see them pulling out assault and battery or something ridiculous. And it's really unfortunate that you didn't see her, expect massive bills soon
Ummm, bumping someone with a car doesn't even come remotely close to the crimes of assault or battery.
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As it was your fault, you could be facing large insurance premium hikes because of this. Depending on your coverage and the situation, however, you could be facing a much bigger problem. If she finds out later on that something did go wrong with her after all, you could be stuck covering some of the bills or being sued for it. Your insurance should cover it If that happens, but you should lawyer up if you hear anything about that.
Best of luck getting through this, and take care of yourself. It could have been a lot worse, so be thankful that everyone made it out all right.
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On September 07 2011 23:03 Ravencruiser wrote:Show nested quote +On September 07 2011 22:58 TadH wrote:
By your own admission you didn't see the lady. You're own fault.
Be prepared to get sued.
EDIT: For a lot. You're absolutely right but I already said everything you said in OP. The thing about this that I'm wondering about is whether I'll get sued even after my insurances settles with the victim, I mean that's the whole point of insurance... right?
Once your insurance settles its over. Now that doesn't mean you won't get sued If your coverage is less than what youre getting sued for.
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On September 07 2011 23:03 Ravencruiser wrote:Show nested quote +On September 07 2011 22:58 TadH wrote:
By your own admission you didn't see the lady. You're own fault.
Be prepared to get sued.
EDIT: For a lot. You're absolutely right but I already said everything you said in OP. The thing about this that I'm wondering about is whether I'll get sued even after my insurances settles with the victim, I mean that's the whole point of insurance... right?
When you get sued, generally your insurance also handles the legal responsibilities. It's part of their coverage.
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On September 07 2011 23:04 muse5187 wrote:Show nested quote +On September 07 2011 23:03 awu25 wrote:On September 07 2011 22:59 wishbones wrote:
hmm you wont be going to jail otherwise you'd already be in cuffs. haha so thats ruled out. At least your not doing jail time. No charges, your in the clear criminally.
side note: thats why i always believe cars should get the right away, they move faster, they will leave space quicker+ people can jay walk safely, there needs to be a change. I always always watch the driver. if they dont see me i dont move. Also at stop signs all cars should go first, i hate forcing drivers to wait when they could have drove by in seconds compared to the time it takes to cross. Its stupid there should be a change where drivers get the right away. People walking can get to where they need, this would resolve so much issue imo. No charges yet. I could see them pulling out assault and battery or something ridiculous. And it's really unfortunate that you didn't see her, expect massive bills soon Ummm, bumping someone with a car doesn't even come remotely close to the crimes of assault or battery.
Bumping does not equal having calf under the car. Just saying, the police could come up with some ridiculous charge. Just because he walked away from the scene without handcuffs doesn't mean he's cleared from all charges
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On September 07 2011 23:07 lolsixtynine wrote:Show nested quote +On September 07 2011 23:03 Ravencruiser wrote:On September 07 2011 22:58 TadH wrote:
By your own admission you didn't see the lady. You're own fault.
Be prepared to get sued.
EDIT: For a lot. You're absolutely right but I already said everything you said in OP. The thing about this that I'm wondering about is whether I'll get sued even after my insurances settles with the victim, I mean that's the whole point of insurance... right? When you get sued, generally your insurance also handles the legal responsibilities. It's part of their coverage.
That all depends on the amount of coverage you have. You can personally be sued to cover costs beyond what your policy pays out.
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On September 07 2011 23:09 awu25 wrote:Show nested quote +On September 07 2011 23:04 muse5187 wrote:On September 07 2011 23:03 awu25 wrote:On September 07 2011 22:59 wishbones wrote:
hmm you wont be going to jail otherwise you'd already be in cuffs. haha so thats ruled out. At least your not doing jail time. No charges, your in the clear criminally.
side note: thats why i always believe cars should get the right away, they move faster, they will leave space quicker+ people can jay walk safely, there needs to be a change. I always always watch the driver. if they dont see me i dont move. Also at stop signs all cars should go first, i hate forcing drivers to wait when they could have drove by in seconds compared to the time it takes to cross. Its stupid there should be a change where drivers get the right away. People walking can get to where they need, this would resolve so much issue imo. No charges yet. I could see them pulling out assault and battery or something ridiculous. And it's really unfortunate that you didn't see her, expect massive bills soon Ummm, bumping someone with a car doesn't even come remotely close to the crimes of assault or battery. Bumping does not equal having calf under the car. Just saying, the police could come up with some ridiculous charge. Just because he walked away from the scene without handcuffs doesn't mean he's cleared from all charges
You still don't understand what assault or battery implies. He won't face any criminal charges.
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She will get a settlement well beyond what you could slip her even if she isnt a bitch. The insurance company will be forking over a huge amount, you will be lucky if you dont get a civil suit after the insurance settlement
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You're gonna get a healthy bump in your premium for sure, especially since she went to the hospital. I highly doubt you have the means to pay outside of insurance, just the ambulence ride alone could run you over $1000. And even then, suppose you did pay that, she turns around and decides she's still hurting a few weeks down the road, you're getting sued anyway.
insurance handles all suits though
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On September 07 2011 23:10 muse5187 wrote:Show nested quote +On September 07 2011 23:09 awu25 wrote:On September 07 2011 23:04 muse5187 wrote:On September 07 2011 23:03 awu25 wrote:On September 07 2011 22:59 wishbones wrote:
hmm you wont be going to jail otherwise you'd already be in cuffs. haha so thats ruled out. At least your not doing jail time. No charges, your in the clear criminally.
side note: thats why i always believe cars should get the right away, they move faster, they will leave space quicker+ people can jay walk safely, there needs to be a change. I always always watch the driver. if they dont see me i dont move. Also at stop signs all cars should go first, i hate forcing drivers to wait when they could have drove by in seconds compared to the time it takes to cross. Its stupid there should be a change where drivers get the right away. People walking can get to where they need, this would resolve so much issue imo. No charges yet. I could see them pulling out assault and battery or something ridiculous. And it's really unfortunate that you didn't see her, expect massive bills soon Ummm, bumping someone with a car doesn't even come remotely close to the crimes of assault or battery. Bumping does not equal having calf under the car. Just saying, the police could come up with some ridiculous charge. Just because he walked away from the scene without handcuffs doesn't mean he's cleared from all charges You still don't understand what assault or battery implies. He won't face any criminal charges.
I was merely providing some random charge. I am not a law major but I bet one could provide a list of charges the police could come up with.
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Netherlands19130 Posts
On September 07 2011 23:03 Horrde wrote:
Do not take any legal advice or answers from any posters here.
Seek off-forum counsel.
What this guy said, plus if you are properly insured (As you should be because otherwise you never should have gotten into a car in the first place.) you shouldn't have to worry about anything.
edit: Criminal charges, really? Get over yourself people -.-
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On September 07 2011 23:14 awu25 wrote:Show nested quote +On September 07 2011 23:10 muse5187 wrote:On September 07 2011 23:09 awu25 wrote:On September 07 2011 23:04 muse5187 wrote:On September 07 2011 23:03 awu25 wrote:On September 07 2011 22:59 wishbones wrote:
hmm you wont be going to jail otherwise you'd already be in cuffs. haha so thats ruled out. At least your not doing jail time. No charges, your in the clear criminally.
side note: thats why i always believe cars should get the right away, they move faster, they will leave space quicker+ people can jay walk safely, there needs to be a change. I always always watch the driver. if they dont see me i dont move. Also at stop signs all cars should go first, i hate forcing drivers to wait when they could have drove by in seconds compared to the time it takes to cross. Its stupid there should be a change where drivers get the right away. People walking can get to where they need, this would resolve so much issue imo. No charges yet. I could see them pulling out assault and battery or something ridiculous. And it's really unfortunate that you didn't see her, expect massive bills soon Ummm, bumping someone with a car doesn't even come remotely close to the crimes of assault or battery. Bumping does not equal having calf under the car. Just saying, the police could come up with some ridiculous charge. Just because he walked away from the scene without handcuffs doesn't mean he's cleared from all charges You still don't understand what assault or battery implies. He won't face any criminal charges. I was merely providing some random charge. I am not a law major but I bet one could provide a list of charges the police could come up with.
No, because he DID NOT commit any criminal offense. Deserving of a traffic ticket? Absolutely. Criminal ticket? Never going to happen without proving he intended to run her over.
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