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  1. #1
    Join Date
    Apr 2010
    Posts
    4

    Default Hit by a Pizza Delivery Guy

    My son was on his way home on his bike, and while crossing a Double Street with island between lanes, he got hit on the far crossing by a pizza delivery boy. When he came to after the accident, he looked up at some concerned witnesses who saw the guy run him down on his bike and wondered what happened. He stood up and although he was woozy and hurting, he knew I was unemployed and didn't want to cost us money for an ambulance ride... so he walked home. He told us at the time that he was in a bike crash, and his bike was unrideable but he left it in the bushes for us to go and get the following day. I since retreived his bike.

    The next day, his leg continued to hurt him so much that he called my wife who took him to the ER where he was casted with a broken leg.

    He has since recovered and won his long jump at the districts, albeit he jumped off his good leg.

    NOW,, my health insurance company is refusing to pay all they should on the claim and want me to file a claim against the other guys insurance.
    I know where he works and took pics of his car following the crash, but I can;t talk to the driver without a gun or a legal document at this point.

    Do I really want to do something against Papa Johns or this young kid driver who hit my son?

  2. #2
    Join Date
    Mar 2009
    Location
    Oregon now, but will probably end up back in Nevada someday
    Posts
    241

    Default Re: Hit by Pizza Delivery Guy

    Is your son a minor?
    Did the driver stay on scene or leave?
    Were the police called?
    If the police were not called at that time, have you called them since?
    Do you have any witness information?
    What the heck has gone on with this situation that you think you need a gun or a legal document (2 VERY different things, by the way) to talk to someone?

  3. #3
    Join Date
    Apr 2010
    Posts
    4

    Default Re: Hit by Pizza Delivery Guy

    Quote Quoting tigerdog
    View Post
    Is your son a minor?
    Did the driver stay on scene or leave?
    Were the police called?
    If the police were not called at that time, have you called them since?
    Do you have any witness information?
    What the heck has gone on with this situation that you think you need a gun or a legal document (2 VERY different things, by the way) to talk to someone?
    Driver was detained by the witnesses until my son left the scene.
    Police were never called, as far as I know, but 911 was called and firetruck arrived after my son left scene.
    Intersection was monitored via camera and accident witnessed but no record kept by local authorities.
    I can probably get local folks who saw this to help if needed?
    No gun but went to Papa johns shop to try and identify guy who hit my son and no one would admit anything... therefore my willingness to now sue.
    Took pics of delivery car damage...

    What else do you need?

    BTW, if it helps... since the car crushing him, he can't sleep and needs legal NSAIDs for pain relief.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Hit by Pizza Delivery Guy

    This was a non-displaced fracture of a bone, not affecting any growth plates, with a full subsequent recovery?

    Again, is your son a minor? If he was an adult when this happened, it's his claim to make. If he was and remains a minor, you would likely be his "next friend" in any litigation, and can approach lawyers and insurance adjusters about the case.

    It's not at all unusual for a health insurance company to press an accident victim to make a claim against the liability insurance of somebody who may have caused the accident, so that they can subrogate - recover part or all of the money they paid for his care from the at-fault party's insurance.

    The failure to make a police report or to seek contemporaneous medical treatment will complicate your case - both in terms of proving a claim and in terms of how much the defendant's insurance company is likely to pay in damages. Knowing who the witnesses are is an important step. Who took the photos, and when?

  5. #5
    Join Date
    Apr 2010
    Posts
    4

    Default Re: Hit by a Pizza Delivery Guy

    have no idea what is the period of needing to file a report, but don't think I would have much problem finding those who saw the accident and then held the driver during my son's unconscieonsness.

    Still, we are hesitant to do anything unless it might cost us money in the end as with regard to BCBS denying part of our claim...?

  6. #6
    Join Date
    Apr 2010
    Posts
    4

    Default Re: Hit by a Pizza Delivery Guy

    Yes, non displaced and a fibula crack with rib and back bruises although they weren't ever xrayed.

    Only a broken leg, non displaced so far.

    Our issue is with BCBS and their need to sue someone over this apparently in order to pay our Hc bills?

    Heck, if they sue, then I guess we should too???

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