Dealing with Compensation Claims After Hitting a Pedestrian

Understanding the Legal Landscape

Accidents involving pedestrians can be complex and emotionally charged. It's essential to understand your rights and responsibilities when a pedestrian you hit is claiming these situations can be challenging, but by following the right steps, you can protect yourself legally and ensure that your insurance company handles the claim appropriately.

Let Your Insurance Company Handle It

Your premium already includes the cost of an insurance company attorney, so let them do their job. When a pedestrian claims compensation post-accident, your insurance company will investigate the case and decide whether to pay out. It is important to cooperate and provide all necessary information, as your insurer will represent your interests in any legal proceedings.

Don't Communicate Directly with the Injured Party

Do not communicate directly with the injured pedestrian. Anything you say may be used against you, especially in civil court. If the pedestrian seeks to negotiate a settlement or communicate with you, firmly refer them to your insurance provider to handle all correspondence. This helps maintain a clear and professional boundary, protecting your legal rights.

Work with Your Insurance Company

Ensure that you turn over any documentation, such as a police report, to your insurance company. If there is a police report, provide the insurer with a copy and any supporting documents that may affect fault determination. In civil court, the insurer will assess whether the pedestrian is at fault and, if compensation is warranted, they will handle the claim.

Establishing Fault

One of the most critical steps is establishing who is at fault. Even if the pedestrian was crossing against the light, you still have a duty to yield for pedestrians in a crosswalk. In a marked crosswalk, the pedestrian is considered to be crossing legally, regardless of the signal. However, if the pedestrian was in the middle of a block, the burden of proof shifts to the pedestrian, making your case stronger.

Key Takeaways

Refer the injured party to your insurance for all communication. Let your insurance company handle the claim and any legal proceedings. Affirmatively establish that the pedestrian was at fault to strengthen your position. Cooperate fully with your insurance company and provide all necessary documentation.

Conclusion

Dealing with compensation claims after an accident involving a pedestrian can be daunting. However, by following these steps and working with your insurance company, you can navigate this complex legal situation with greater ease. Remember that your insurance premium includes coverage for legal representation, ensuring that you have the support you need to protect your interests.

Related Keywords

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