sigh, forced to post a request for legal advice

[AkumaX]

car hits girl on bike

guy says he stopped @ stop sign, but needed to inch forward to make a right cuz he couldnt see cuz of a bus
girl says she saw him stop so she crossed

court finds girl in violation of the law

can guy's insurance be legally responsible of personal injury for girl?

p.s. girl is not a us citizen

 

[pontifex]

if they found the girl in violation, shouldn't the guy be done then?

 

[mattocs]

Originally posted by: pontifex
if they found the girl in violation, shouldn't the guy be done then?

Yeah, she should be paying for any damage to the car.

What kind of injury are we talking about? Is this some bullshit where she is faking an injury for some money or is it legit?

 

[RKS]

Originally posted by: AkumaX
car hits girl on bike

guy says he stopped @ stop sign, but needed to inch forward to make a right cuz he couldnt see cuz of a bus
girl says she saw him stop so she crossed

court finds girl in violation of the law

can guy's insurance be legally responsible of personal injury for girl?

p.s. girl is not a us citizen

citizenship is probably irrelevant
just because there are no criminal charges doesn't excuse any civil action
claims may depend on the state. in some states if a civil court finds the driver just 51% negligent he may still owe damages

 

[tfinch2]

SUE! *




* I didn't read the OP.

 

[iamaelephant]

Mustn't have been much of an accident if he was just inching forward. Is this some frivolous money-grab?

 

[jinduy]

i've had a Mexican illegal alien hit me before (her fault) and she had no insurance.

i had full coverage insurance so my own insurance took care of me at no extra cost.

if i didn't have full coverage i would have had to pay the damages out of my own pocket because she had nothing and it's not worth getting a lawyer to sap whatever she had from her. woulda been nice to get her thrown in jail tho.

i'm no lawyer but if the court found her legall responsible for the accident, then, no, the driver doesn't have to pay up.

 

[AkumaX]

girl went to ER, cost 2775, just want to know if girl can get the driver to pay for the medical bills since he hit her

 

[AkumaX]

Originally posted by: iamaelephant
Mustn't have been much of an accident if he was just inching forward. Is this some frivolous money-grab?

not much of an accident just scraped up her leg pretty badily

 

[cKGunslinger]

Originally posted by: AkumaX
girl went to ER, cost 2775, just want to know if girl can get the driver to pay for the medical bills since he hit her

The court found the girl was in violation of the law, resulting in her getting hit, yet you still want to get money from the driver? :thumbsdown:

 

[JEDIYoda]

why do people come to ATOT for legal advice???

You mean these 15 year old kids are going to be able to steer you in the right direction?

Sheese go get a consult from a lawyer if its that important...


also mind you in many states a byciclist is always right all the time!!

 

[Darwin333]

Originally posted by: AkumaX
car hits girl on bike

guy says he stopped @ stop sign, but needed to inch forward to make a right cuz he couldnt see cuz of a bus
girl says she saw him stop so she crossed

court finds girl in violation of the law

can guy's insurance be legally responsible of personal injury for girl?

p.s. girl is not a us citizen

None of that matters.

In all likelihood the girl will file a civil suite against the insurance company (if she is able, not sure of the legality of an alien filling a suite). The insurance company will probably settle with the girl for 5-10 grand. Its generally cheaper than fighting the case in court.

Legaly responsible? Probably not
Will the pay her to go away? Probably so.

 

[imported_Baloo]

This does not jive with me. Some driver not paying attention and court said it's not the driver fault. Seems very unlikely to me. But if so, let it go. She may come after you for the money, wait, then talk to your insurance agent.

 

[montanafan]

Originally posted by: Darwin333
None of that matters.

In all likelihood the girl will file a civil suite against the insurance company (if she is able, not sure of the legality of an alien filling a suite). The insurance company will probably settle with the girl for 5-10 grand. Its generally cheaper than fighting the case in court.

Legaly responsible? Probably not
Will the pay her to go away? Probably so.

Sounds about right. If she came out of the accident with just a scraped up leg then they're probably just looking to grab some easy money and figure the insurance company will pay up to avoid taking their chances with a jury in a civil trial. Probably won't affect the driver, it will just be a negotiation between her lawyer and the insurance company's. The insurance company probably could not hold it against the driver's premiums since he was not cited in the accident.

P.S. I may or may not know what I am talking about.