I'm not sure if this is on topic or what but here goes nothing: About 2 months ago my 12 year old son was hit while crossing the street on his bike. To keep the story short, he was o.k....just 2 scraped up knees. He was taken to the hospital and checked out. No injuries what so ever. He was wearing his helmet. I'm not sure what the hell happened (it happend right at the corner of our street) but he said that the light was green so he proceeded to cross. I'm assuming both lights (to go straight and to turn left) where green. Well to my surprise, I get a phone call yesterday morning at like 7:30am from the guy's insureance (State Farm). They asked to speak to the parents of xxxxxxx and I responded. Basically they have come to the conclusion that I am liable for damages to the guys car. According to the police report, they are saying that my son crossed on a red light which is totally false. I haven't even seen the police report yet so I'm not even sure if what they say is accurate. The guy's windshield was totally busted but that was all the damage I could see. State Farm claims that there was damage to the hood as well. So, basically they are trying to hold me liable and claim that they want in excess of $3k. They stated that if I don't pay it, that they will just take me to collections for the money. The lady offered to send me a letter confirming all this along with the police report. I told her fine and I gave her our new address to send the stuff to. She asked me for my name and I just told her to put it to my sons attention or to "The parents of...". What I don't understand is why they don't have my name? I gave it to the Police and I'm sure it's in the Police report. Mabye it's a good thing....I'm not trying to have some $3k collection pop up on my reports. At any rate...now I don't know what to do? Should I call a lawyer? I know there were witnesses who were at the accident that gave their names to the police. I asked my son if he was sure that the light was green and he said yes. Even if the light wasn't green, then what was the car doing turning on a red? If the turning arrow was green and the other light was red, is he at fault? I thought in the state of CA that when ever a podestrian enters a cross walk, that they automatically have the right of way?? I don't know...I'm just confused and seeking some friendly advice. Thanks for reading.
PEDESTRIANS ALWAYS HAVE THE "RIGHT OF WAY"...no matter what color of light...in a crosswalk or not...(EXCEPT NEW YORK)...
This is an unusual case, so it's probably best to consult with a lawyer after you get the letter. I once heard a judge tell a driver whose car had been hit by a car that ran a red light that "no one has the God-given" right to be in the intersection -- even if he has the green light. The meaning of this, I suppose, is that one just can't throw caution to the wind simply because one has the green light. Regardless, I don't think they can turn you over to collections in this case without first suing you and obtaining a judgment. We're not talking contracts here. In the end, what we're probably talking about is a dispute over the facts. Proving parental culpability here seems to be a long shot. I'd say it's doubtful the firm can get a judgment against you, given the facts. I wouldn't panic, but I would meet with a lawyer. They're probably trying to intimidate you into writing a check so they don't have to pay for the damages. Litigation eventually will cost them way more than $3,000. There is a good chance they'll go away as soon as they learn you aren't willing to play ball. That's why a simple letter from a lawyer might go a long way here. If they did put you immediately into collections, they'd be acting as judge, jury and executioner. Sounds like a bluff to me.
Thanks for your replies. I'm in the process of researching California law regarding pedestrians and the right-of-way. I hope you are right GEORGE. Another thing that State Farm mentioned is that they do not do payment arrangements. If the money is not paid with in XX amount of time, they just turn it over to collections. I didn't ask for this information, she just told me. I kept the conversation brief (since it was 7:30am on a Friday...I had all week off from work) and didn't say anything regarding what I thought happened. I just put a call into a lawyer that specializes in bike and pedestrian accidents. The consultation is free and they do not get money unless you do. I'm not trying to sue the guy...my son was not seriously injured. I just want this to go away. This is that last thing I need especially when I'm about to become another Silicon Valley lay off casualty on 2/1/02. :-(
My husband did the police officer thing for a little while. In TX, the pedestrian has the right of way. You can go to the police station and get a copy of the report for less than 10. I think we had to pay 4$ for an accident report. I would not rely on State Farm to give you a copy of the report since it sounds like they are bluffing you. And contact an attorney! Good Luck and thank God your son was okay!!!
I really think the lady is lying to you!!! WHY-->>> State Farm does make payment arrangments! If she told you they don't she is lying! My Mother just paid off a left over balance due to a wreck my step father was in over a year ago! Sorry to hear about your job! Same here... And it's hard to be laid off with a baby on the way!
A www.google.com search...North Carolina law...(All states should be similular) HOPE THIS HELPS...2 F.I.C.O. POINTS FOR MY RESEARCH... The Driver's Responsibility: Striking a pedestrian in a crosswalk is extremely<----------------**** difficult to defend in court and can lead to astronomical liability consequences. Be attentive when entering a crosswalk area. Be prepared to stop. Don't overtake and pass other vehicles stopped for pedestrians on your side of the road. Be aware that some pedestrians may "challenge" you to stop since they know they have the right-of-way. Failure to yield to a pedestrian in a<-------------------------**** marked crosswalk is a violation of North Carolina law. If you are making a turn with a green light, a<-----------------------------**** pedestrian crossing with the same green light has the right-of-way. A pedestrian passing through an uncontrolled<----------------------------**** intersection has the right-of-way, even if walkway extensions are not marked through the intersection.
* * <---2 FICO points Thanks GEORGE! Even though I live in California...not North Carolina....but thanks!!!
Crosswalks -- Pedestrian Rights And Duties CALIFORNIA VC 21950 Drivers must yield the right-of-way to pedestrians who are crossing the roadway within any marked or unmarked crosswalk at an intersection. However, the law does not relieve a pedestrian from taking due care for his or her own safety. Pedestrians shall not suddenly leave the curb or other place of safety and walk or run into the path of a vehicle that is close and an immediate hazard. While in the crosswalk, pedestrians shall not unnecessarily stop or delay traffic.
MP$40 Even though I live in California...not North Carolina....but thanks!!! ----------------------------------------------------------------------------------------- I KNOW!!! IT WAS THE FIRST THING I CAME ACROSS....
tryed myself to find info and kept getting road blocked. Did find a website where a man is griping about pedestrians...That you have to stop its the law. I hate to even tell you the website since your son got hit. But if you want to take a look it's www.keithbrown.com/justcause/10things. He's griping about the top 10 things he hates about living in California It is the first one you come too.
I think they are not only bluffing you but trying to bully you into taking responsibility for the accident. By bullying you they're hoping you also won't sue them. For example, if you ask about payments then are you accepting responsiblity or just talking hypothetically??? I am currently embattling Hertz after getting hit by a Hertz rental car. I have had a "nice" adjuster who just offered me a settlement for my car and property that a complete moron wouldn't accept. all the while... citing this and that as to why it's so little money, using a company called CCC to "value the car" (CCC is in a class action lawsuit for purposefully devaluing total losses so that insurance companies save money) and of course, they're STALLING like I've never seen someone ever do. My point? I went into this trying to be fair and objective. I talked with them and was very honest. and now what's my payback? they're trying to use what I said against me... trying to screw me over... and in general, being more horrible than anyone I've ever seen. I am amazed at the lengths they'll go to... to try to lie and bully me. I just hired an atty. I am disgusted by the insurance industry. So my advice to you is to not talk with them ever again... do all negotiations via mail, and get an atty. You'll be fine... just remember, they're like bill collectors. They'll do anything to screw you. Play hardball with them. It's your only choice.
By the way, I'm so happy your son is alright. It's the only thing that matters. the rest is just inconvenience
This is what I came across: 21451. (c) A pedestrian facing a circular green signal, unless prohibited by sign or otherwise directed by a pedestrian control signal as provided in Section 21456, may proceed across the roadway within any marked or unmarked crosswalk, but shall yield the right-of-way to vehicles lawfully within the intersection at the time that signal is first shown. (d) A pedestrian facing a green arrow turn signal, unless otherwise directed by a pedestrian control signal as provided in Section 21456, shall not enter the roadway. I have asked my son several times....he said that he got to the corner and waited for the light (the circular one) to turn green. Then he proceeded to cross. I asked him aobut the arrow turn signal and he didn't know if it was green or not. You would have to assume it too was green...or else the guy wouldn't be turning. But what if it was yellow and was trying to beat the light??? They estimated his speed at like 30 mph. If he was at a complete stop at the light, and then went after the light turned green...he wouldn't not have hit my son going 30. But then there's the possibility that BOTH lights (circular and arrow) where green. THEN WHAT? Then I came up with this: 21451. (a) A driver facing a circular green signal shall proceed straight through or turn right or left or make a U-turn unless a sign prohibits a U-turn. Any driver, including one turning, shall yield the right-of-way to other traffic and to pedestrians lawfully within the intersection or an adjacent crosswalk. Wow...this is crazy...
MP, Your son had the right of way in that instance. Pedestrians DO have the right of way, even if the turning arrow is green. That guy is pretty evil to be taking it this far. Why don't you file assault with a deadly weapon charge and see how he likes to play hardball? I'd call a lawyer and see if you can do that. I think the SOL is 6 years to file for that. You might want to check on that too, while you are looking at the law.
Adding points to fico will lower your score.It's the magic math they use that causes it. Are you still sure you want the 2 points?
Any idiot who wants to sue a 12 yr old kid for causing "damage" to his/her car SHOULDbe sued. I would sue them and State Farm for even calling or suggesting they would sue you first. Pardon my language, but that is a crock of shit. They best be glad your son wasn't seriously injured. I'm glad he's ok and I would cause them pure hell for even bothering you with such tedious BS.
That's the way I felt...I was just GLAD he was o.k. After everyone found out what happened...the first thing they would say is: Are you going to sue? Sue for what? He's not injured...he's o.k. No harm no foul...SO I THOUGHT! It was sort of weird how it all happened. I guess after he got hit, the guy gave him his cell phone and he called me. I totally was in shock...my life FLASHED before my eyes (seriously). Then I thought...well he's not dead...if he was, he wouldn't be calling me. So I told him that would be right there. I called 911 and told them what happened then I jumped in my car and drove down the street. I hit that corner like the Dukes of Hazzard (my skid marks are STILL THERE)! He was sitting on the island in the middle of the street all shook up. I couldn't believe they let him walk around. He could of had a serious injury. The Fire Fighters where the first ones there. They arrived in like a minute...the station is less than a block away. First thing they did was immediately lay him down and put that collar thing on his neck and then they went through their trama routine. I was SO MAD...that guy is lucky I didn't beat his ass! I decided the best thing to do was to remain calm. They took my son away in an ambulance to be checked out just in case...but they maintained all along that he was just fine.
