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How Do You File A Claim If You’re Hit By A Car As A Pedestrian?

Giancarlo Perlas February 19, 2024

Getting hit by a car as a pedestrian can be a scary and confusing experience. Suddenly, you’re faced with injuries, medical bills, and a lot of questions about what to do next. One of the steps you’ll likely consider is filing a claim to get compensation for your troubles. This guide aims to simplify the process of filing pedestrian injury claims with the help of experienced personal injury lawyers, making it easier for you to get the help and compensation you need.

Immediate Steps to Take

The moments after being hit are crucial. First, ensure your safety; get out of the road and into a safe area. Then, call 911 for medical help even if you think you’re not badly hurt. Some injuries take time to show symptoms. Next, if you are in a condition, take pictures of the scene, the car that hit you, and any injuries you have. These first steps are about keeping you safe and gathering evidence for your claim.

After dealing with the immediate aftermath, report the accident to the police. A police report can be a key piece of evidence when filing your claim. It documents what happened and includes details that you might forget later. This report, along with your photos and medical records, starts to build the foundation of your claim.

Collecting Evidence

Now that you’re safe and have started the necessary medical treatment, it’s time to focus on gathering more evidence. This includes getting the contact information of witnesses, collecting more detailed photos of the scene during daylight, and keeping all receipts related to your injuries and recovery. The more evidence you have, the stronger your claim will be.

Don’t forget to keep a detailed diary of your recovery process. Note your injuries, their pain levels, and how they affect your daily life. This diary will help show the impact the accident has had on you, which is crucial for pedestrian injury claims.

Understanding Your Rights

Before diving into the claims process, take some time to understand your rights. Depending on where you live, the laws about pedestrian accidents can vary. Generally, if you were hit due to someone else’s negligence, you have the right to seek compensation. This compensation can cover medical bills, lost wages, and pain and suffering.

Knowing your rights is empowering. It gives you a clearer understanding of what compensation you can seek and how to go about it.  If you need clarification on the specifics, consider consulting with an attorney who specializes in pedestrian accidents. They can give you advice tailored to your situation.

Filing the Claim

To file a claim:

  1. Begin by contacting the driver’s insurance company.
  2. Provide evidence of their fault and your injuries.
  3. Be prepared to negotiate; they may offer a settlement for less than what you’re hoping for.
  4. Remember that you have the right to negotiate for a better offer, and having an attorney on your side is always helpful.

Dealing with Insurance Companies

Dealing with insurance companies can be one of the most challenging parts of filing a claim. They have their own interests in mind and may try various tactics to minimize your compensation. Stay patient and persistent. Keep providing evidence and stick to the facts of your case.

It’s also wise to limit your communication with the insurance company. Anything you say can be used to diminish your claim. Let your attorney handle the communication if you have one. They know how to navigate these conversations to protect your interests.

Seeking Legal Assistance

While it’s possible to file a claim on your own, having a skilled attorney can make a big difference. They can handle the legal complexities, negotiate with insurance companies on your behalf, and if necessary, represent you in court. An attorney with experience in pedestrian injury claims can guide you through the process, helping you avoid common pitfalls and increasing your chances of getting a fair settlement.

Choosing the right attorney is key. Look for someone like Aizenman Law Group who comes with experience in pedestrian accident claims, good communication skills, and a track record of successful settlements or court cases.

Filing a claim after being hit by a car as a pedestrian can seem overwhelming, but it’s a crucial step towards getting the compensation you need for recovery.  You can navigate the claims process more effectively by taking immediate action, gathering evidence, understanding your rights, and seeking legal assistance. Remember, you have rights, and there are resources available to help you through this challenging time. With patience and the right support, you can move towards a fair resolution and focus on your recovery.

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About Author

Giancarlo Perlas

Giancarlo is an economist by profession with a career spanning nearly two decades. His professional journey has seen him assume vital roles in various government and private organizations. Alongside his civic and corporate pursuits is his love for cars, particularly those made by Mercedes-Benz. In 2012, he found himself with like-minded individuals within BenzInsider. From then on, he used the platform as a way to share his passion with the automotive community. Follow his Facebook page at https://www.facebook.com/benzinsider, X (formerly Twitter) @giancarloperlas, and IG @benzinsider. View all posts by Giancarlo Perlas →

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