Legs Got Pinned by a Car with No Driver

just today 4pm got hit by a car with no driver.
came out of my car to go running, turned around and a car with no driver came towards me and my car, not enough time to react, my legs got pinned, sandwiched, had 5 people pushing the other car backwards so i can get free. went to ER, no broken bones, but severe bruising and i cannot walk. he has insurance, what can i do at this point?

his car got pretty bend out of shape, and yes my legs bend his car and im only 130lbs
my car has a dent as well and scratches, his car was going at 5mph

I will call my insurance tomorrow and file claim. what else do i need to do?

thanks for the help

I live in Los Angeles, California

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Quoting littlephoenix

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just today 4pm got hit by a car with no driver.
came out of my car to go running, turned around and a car with no driver came towards me and my car, not enough time to react, my legs got pinned, sandwiched, had 5 people pushing the other car backwards so i can get free. went to ER, no broken bones, but severe bruising and i cannot walk. he has insurance, what can i do at this point?

his car got pretty bend out of shape, and yes my legs bend his car and im only 130lbs
my car has a dent as well and scratches, his car was going at 5mph

I will call my insurance tomorrow and file claim. what else do i need to do?

thanks for the help

I live in Los Angeles, California

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Since you went to ER, presumably Xrays done, thus have proof of injuries, I would just file the claim against the other drivers insurance for everything you're out, damage to your car, medical bills, pain and suffering etc. The negligience is all the other drivers fault, as it sounds like the car was left in "drive", and not "P", when he exited.

Depending on whether they blow you off or not, or settle for a sufficient amount or not, you can also get yourself a lawyer.

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Quoting SChinFChin

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Since you went to ER, presumably Xrays done, thus have proof of injuries, I would just file the claim against the other drivers insurance for everything you're out, damage to your car, medical bills, pain and suffering etc. The negligience is all the other drivers fault, as it sounds like the car was left in "drive", and not "P", when he exited.

Depending on whether they blow you off or not, or settle for a sufficient amount or not, you can also get yourself a lawyer.

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Yes Xrays were taken and just today i was informed that my left ankle is fractured.

I have already reported my claim to my insurance, my question is, do i wait to see what their insurance settles for before i contact a lawyer, or should i get in touch with a lawyer right away?
thanks for the reply

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Quoting littlephoenix

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Yes Xrays were taken and just today i was informed that my left ankle is fractured.

I have already reported my claim to my insurance, my question is, do i wait to see what their insurance settles for before i contact a lawyer, or should i get in touch with a lawyer right away?
thanks for the reply

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It's good you also informed your ins. co. - they should know of any accident you're in when there are "damages" no matter whose fault the accident was. I might hold off on a lawyer at this time & see what is offered. Of course, it never hurts to talk to an attorney.

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Quoting Betty3

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It's good you also informed your ins. co. - they should know of any accident you're in when there are "damages" no matter whose fault the accident was. I might hold off on a lawyer at this time & see what is offered. Of course, it never hurts to talk to an attorney.

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ok thanks again for the information.
i will talk to an attorney anyways just to get an idea of what my case is if any,
one other question, the person did have insurance, but what if later on i find out he did not have insurance adn that he made up the insurance information just to get out of it during this accident. is that when i really need to find an attorney to go after his his personal assets to pay my medical bills?
and if the guy ends up not having any funds, im pretty much left to pay the bills on my own, right?

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Quoting littlephoenix

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ok thanks again for the information.
i will talk to an attorney anyways just to get an idea of what my case is if any,
one other question, the person did have insurance, but what if later on i find out he did not have insurance adn that he made up the insurance information just to get out of it during this accident. is that when i really need to find an attorney to go after his his personal assets to pay my medical bills?
and if the guy ends up not having any funds, im pretty much left to pay the bills on my own, right?

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No, your uninsured/underinsured coverage on your insurance policy will kick in.

http://www.doniglaw.com:80/CM/Articles/Articles8.asp

If OP was OUT of his car, why would his own auto policy cover his injuries just because he was pinned against his car?

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Quoting tholt4

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If OP was OUT of his car, why would his own auto policy cover his injuries just because he was pinned against his car?

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OP mentioned his own car was dented and scratched. I've been told that it's a good idea to report even the smallest damages even of a minor nature to your own insurance, no matter who caused it, even though it may not be covered by your policy, and then let them determine if it's relevant or not.

I had an accident with a bicylists, he went the wrong way in traffic, against a red light, and I ran over his bike, destroying it, and he got really bruised. I insisted on calling the police, and he kept saying and NO NO NO. The police came, the police car happened to be stopped at the red light at the time, came right over and he didn't want to say much, in fact clammed up, and I suspected he was illegal, and couldn't wait to get away fast enough.

In fact an ambulance came, and he refused to let them examine him, and was then told he had to sign a release form, saying he refused to be examined, to which he replied, "where do I sign".

I spoke to my insurance agent, and I was strongly advised to report it anyway, even though it is more than likely we will never hear from the guy, and nothing may happen. However, if something did ever come up, the insurance would deny my claim if this guy spoke to some attorney decided to sue, changing his mind completely and then decide to come after me after all.

I've been told that in many cases, where the OTHER GUY is at fault, as this clearly is, you never reported it, he can come back with a completely fabricated story, put the OP at fault. Reporting it puts YOUR version of the story on the record.

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Quoting tholt4

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If OP was OUT of his car, why would his own auto policy cover his injuries just because he was pinned against his car?

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Click on the link that Betty3 posted above and then read the third paragraph.

thanks again for the reply guys,
everything has been reported to my insurance, now another question, do i have to get in touch with his insurance as well or is my insurance going to report this to his ins?

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Quoting littlephoenix

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thanks again for the reply guys,
everything has been reported to my insurance, now another question, do i have to get in touch with his insurance as well or is my insurance going to report this to his ins?

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I don't have accidents all the time, but in my case, I notified my own insurance as well as got in touch with the other insurance company.

When it happened to me, I had collision coverage, and my insurance covered me, then got after the other insurance under subrogation. They told me they would also try to collect my deductable, if I wanted to, while they're at it. I said "go ahead".

So the nice thing about going thru my own insurance company is I got their legal department doing work for free. Actually paid for via my insurance.

I also told the other insurance company I want my deductable reimbursed. As it turned out, I got paid twice, once by the other insurance, and then once more via my own insurance pursuing the other insurance.

I'm not saying getting paid twice is going to happen every day, probably a fluke, but it's better to have all your bases covered.