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  1. #1
    Join Date
    Jul 2012
    Posts
    1

    Default Hit a Pedestrian with My Car, No Injury, No Info Exchanged, No Police Report

    My question involves an injury that occurred in the state of: california

    so today i was driving and went to make a right turn at a red light. however after i stopped and began to make the right turn i hit a pedestrian who flew onto my hood then rolled off the side. i immediately pulled over and went to check to see if the guy was okay. he said he was fine, no injuries, just that he was shaken up. he stood up and moved all the parts of his body and everything appeared to be fine. i asked repeatedly if he would like me to call an ambulance and he said no that he was fine, and i asked if i could drive him to medical clinic and he said no he will be fine. i sat with him on the corner the accident took place for a few minutes while we both calmed down and so i could make sure this guy was sincerely fine. after a few minutes a lady who had witnessed the accident called the police who arrived shortly after. the police officer asked the man if he was okay, any injuries. the man informed the cop that he was fine and didn't have a single cut or bruise on him. the police officer said he was glad the man was okay. the police officer asked who was driving the car and i said it was me. then the officer left, he did not ask me my name, my license number or registration or anything. the lady who had called the cop and was a witness gave the man i had hit her number just in case he needed her as witness to anything. i asked the man if he wanted my information or anything and he politely denied. after i asked him several more times he settled for taking my phone number and told me he would call me tomorrow just to assure me that he was okay since i was so concerned about the accident.
    i walked with the man across the street to a walgreens and bought him some bengay just in case he was feeling sore tomorrow, and dropped him off at his house. he appeared to have a slight mental handicap, and he said he was 25 and still lived with his parents.

    i guess i am just concerned about what i should do next? my car has absolutely no damage to it. should i inform my insurance?
    i don't think the man will file for anything because he seemed to just want to put the whole situation behind him, but can his parents try to file a claim against me? could the lady who witnessed it and called the cops have filed a claim with the police as well?
    I'm just not sure of what to do next since the police officer at the scene did not ask me for any information and the man did not receive any information other than my phone number. please help me! thank you

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Hit a Pedestrian with My Car, No Injury, No Info Exchanged, No Police Report

    If the guy said he was uninjured and did not want to provide the police with any info, oh well. The law only requires them to take a report if there are injuries. No injuries, no report required.

    Try not to stress unless contacted regarding a claim for damages.

  3. #3
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Hit a Pedestrian with My Car, No Injury, No Info Exchanged, No Police Report

    I had an accident here in NY some years back, a bicyclist ran into my car, rolled off the hood. He said he was all right, refused assistance. A police car happened to be at the stop light at the time, I called them over, they called the ambulance, but the bicyclists refused to go on, so the ambulance had him sign a release.

    I called my insurance agent and asked what I should do as I didn't take the name of the bicyclist, just the names of the officers on the scene who appeared not to take a report. The agent said the best thing is for her to note a claim, even if no one is going to eventually file one. She tells me my policy requires me to inform them of any accidents within 30 days, so it is possible the bicylcist can wake up one morning a few months later and decide he has pains due to the accident, and then file a claim against me, assuming he still has my name and license plate. In this scenario, the insurance company could then tell me they'll handle the legal issues, but because I didn't file a claim in 30 days like I was supposed to, they might not pay out the claim if it came to that, just the legal fees, and I would be stuck paying the claim.

    She stressed my rates would not go up, and the likelihood of paying a claim is small, and even here, the bicyclist was at fault anyway, so her noting the claim for me is just to cover all my bases. Double check with your insurance to cover your bases just in case.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Hit a Pedestrian with My Car, No Injury, No Info Exchanged, No Police Report

    Concur with cdwjava. Sit down, have a breath, have a beer, and relax. You might also take Chin's advice and talk to your insurance agent about the possibility of a claim, just in case your policy has a similar clause. (Mine does, they're pretty common.)

    My son was hit at low speed a few years ago while riding his bike home from school. Kiddo bounced right up from the pavement with nothing but a tear in his shirt, fella that hit him was completely mortified and insisted they call me. He gave me all of his info, and even called back twice to make sure that kiddo was OK. Poor guy, I really felt for him. He just clipped kiddo while pulling into a driveway, hadn't seen my boy riding across.

    Sometimes all you can do is take someone at their word when they insist that they aren't injured. Since you know where the young man lives, you might want to drop off your info, if only to settle your nerves.

  5. #5
    Join Date
    Jul 2012
    Posts
    100

    Default Re: Hit a Pedestrian with My Car, No Injury, No Info Exchanged, No Police Report

    Teewalsh - I really don't think there's anything you need to do if the man you hit insisted he wasn't injured. As for telling your insurance company about the accident, I don't think that's necessary because the car didn't sustain any damage and you don't need to file a claim.

  6. #6
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Hit a Pedestrian with My Car, No Injury, No Info Exchanged, No Police Report

    Quote Quoting lawaholic
    View Post
    Teewalsh - I really don't think there's anything you need to do if the man you hit insisted he wasn't injured. As for telling your insurance company about the accident, I don't think that's necessary because the car didn't sustain any damage and you don't need to file a claim.
    Not so at all, and I'm talking about a 30 day requirement to file an accident report with the insurance.

    Here in NYS, the fact the car sustained no damage is totally irrelevant. Under NO FAULT, the car's insurer ALWAYS pay the medical bills in car-pedestrian accidents even if the pedestrian is jaywalking, except the pedestrian cannot collect pain and suffering in this case. The question is not if the car sustained damage, but if the pedestrian got hit. Putting it another way, the car may not sustain damage, but the pedestrian may have sustained damage.

    My insurance agent's point is that someone can say he feels fine now, but complications can develop later on, and he can then sue me. I was in a car-pedestrian accident in NY where I was the driver, the pedestrian was taken to the hospital, and my car sustained no damage whatsoever in the under 5 mph collision. Yet under no fault, all of the pedestrians medical bills were paid for by my insurer.

    One interesting point about this accident is the claims adjuster asked me to send a picture of my car in showing there was no damage for his files, after I told him my car sustained no damage.

    For the OP, under the same scenario, and if in NY, where his car has no damage, the pedestrian can come back months later and say he just found out he had torn ligaments after seeing a doctor. My insurance agent tells me in this case, my insurer can then tell me that they would not cover the medical bills for this pedestrian (and be legally in the right) even though I have insurance, I would have to cover the bills, because I did not notify them of an accident in 30 days as required.

  7. #7
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Hit a Pedestrian with My Car, No Injury, No Info Exchanged, No Police Report

    its the old no-harm-no-foul rule ..

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