Back in driver's ed I'm pretty sure that even a green light means "proceed IF the intersection is clear" The laws are usually set up this way so that drivers can't mow down pedestrians still in the crosswalk after the light changes and get away with it. Same goes for a right turn on red. Driver has to stop first, and proceed with the turn only if the intersection is clear. Turning vehicles also are required to yeild to traffic proceeding in a straight line. Sounds like your son was on the left side of the street, crossing, and the car that hit him was heading in the same direction, but making a left on green that crossed your son's path. I envision that the driver was barreling through the turn to be quick and avoid oncoming traffic (there would be oncoming traffic on a green circle light, unlike a green arrow). He didn't see your son because he didn't look, because drivers don't *expect* pedestrians to block their left turns. If the driver was going 30mph at impact (which sounds quite likely because otherwise a kid with a bike would have a hard time doing 3K damage to a car), he was using a reckless amount of speed that prevented him from taking effective evasive action. It might also be noted that 3K damage sounds like an inflated estimate, and that if it comes to court and a judgement, you should get an adjustor to review the damage to the other guy's car. This sounds like it is all over the driver's fault, even without witness testimony. My little brother got hit walking his bike across the street once. He ended up in the hospital with a concussion after bodily smashing the driver's windshield and rolling off the car. (This was right in front of the local fire station!) We didn't win in court because it wasn't at a crosswalk and there were no witnesses. But they guy was turning out of a neighborhood onto a thoroughfare...why didn't he stop at his stop sign and yield to oncoming traffic? State Farm is definitely bluffing you. You have to owe them money before they can send something to collections, and that means they'd have to get a judgment, first. Likely, StateFarm doesn't want to take you to court because their chances of getting an award when their insuree hit a pedestrian is much slimmer. (In suing you, they'd have the burden of proof that your son didn't have right of way.) Don't send any money to those cheapa$$es. -ingenue
Info about State Farm and their unethical practices, and the lawsuits that have been brought against them. http://www.insure.com/search/sitesearch.cfm?search=State+Farm
MP $40, Please contact your Homeowner or renters policy company immediately. Under Homeowners you have personal liability coverage. Your insurance company will investigate and provide legal assistance if this goes to court. If they have no unbiased witnesses stick with your story of your son having the right of way! The evidence against you is hear se'.Use your insurance company!!You pay them dearly. If you do not have renters or homeowners insurance yoy will need a Attorney.
re: no fault insurance laws... there is no state that has true "no fault" laws. What No Fault in most states is, each driver carries a certain amount of insurance - in the case of an automobile accident resulting in bodily injury, each drivers OWN insurance would pay for their OWN injuries FIRST before any liability from the negligent party would be paid. No fault does not mean that the law or the insurance company disregards who was "at fault" for the accident, and bodily injury and property damage liability could still be paid to the injured third party. California does not have no fault laws. However, if you have medical payment coverage on your auto policy, it usually covers an insured or resident relative (your son) if they are a pedestrian and struck by an automobile. By all means, report this to your insurance company, let them handle it, your medical payments will be paid if you have them and your company will subrogate against State farm to get their money back. Don't admit any fault on behalf of your son. If State Farm harrasses you, report them to the insurance department.
I was born in the 50's...you were born in the 10's.... You are so amazingly well preserved for a woman so old.
I know George <snicker> I am older than my mother, according to Equifax. I should have left that on there to prove how bad their reporting really is, hehe.
Ummmmm Jerry Springer. Not Montel type of stuff, hehe. It will be the feature article in National Enquirer next month.
No Jerry Springer has nothing but sexual stuff anymore. So unless you're your own grandmother or have sex with her, I don't think you qualify as material for thier show. (THAT is totally gross)
Be thankful. I can't watch it at all. I agree with Breeze, you can't hold down what your eating if you watch it.
