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Pedestrian hit by uninsured driver borrowed friends car

(San Clemente)



On Sept 22 I was on walking in a crosswalk, saw car in front of me stopped at light, he was making right turn, even made eye contact with him and his passenger, I waited for signal looked both ways and proceeded to walk I got to the drivers side headlight when car excerlerated and I was on the hood, my right foot was caught under tire, I flipped off the car into the street.

The 20 yr old Driver got out and kept so I am so sorry, I screamed at him and asked did you not see me. He said I thought you were done walking. The ambulance came and I was taken to hospital. My injury is Right Lisfranc's diastasis. The hospital rushed me thru and said oh just a contusion. I pd for my own dr and x-rays later and he said fractured foot Right Lisfranc and need surgery rods put in foot and possible deformity and arthritis later in life.

The police came to hospital said "I don't have a claim against unisured Driver, and that he provided ins from club box of car and he had borrowed friends car. That I would have to go after Owner of Car. Police report states Not yielding right of way to pedestrian but DRIVER WAS NOT TICKETED? OMG Then Owner of car WAWANESA Ins says their Client never gave permission to drive car but he did not file a stolen car police report. WAWANESA sent me a letter to Mitigate and not claiming coverage?

The 20 yr old Driver last week got his borrowed friends car and got it smogged with the DMV and put it in his name? 2 wks after the accident? (Detective told me that who did police report) I said and you did not site him? He said Mam we have accidents every day and were in a recession your dealing with a 20 yr old even if you get a judgement you cant collect. What good would siting him do, the DMV will get to him. I called the DMV CALIFORNIA asked what are points against your license if you hit a pedestrian? IT'S A ZERO POINT VIOLATION, If the Officer did not ticket him then it is NOTHING!!!!

I am UNEMPLOYED and On crutches I cannot afford the surgery $7,000 to put rods in my foot so I can walk. I do have insurance GEICO they say $5,000 Medical pymts. My ER bill was over that amt. So My foot Surgery $7,000 I cant get? I told my attorney DO NOT submit ER bills as it will eat up my $5,000 and I can't get Surgery. Attorney said then it will go to collections against you. I said MY GOD I forgot I was the victim here?

My Geico policy is BODILY INJURY LIABILITY EACH PERSON LIMIT $30,000/$60,000 - UNINSURED & UNDERINSURED MOTORISTS it then say UNINSURED MOTORISTS PROPERTY DAMAGE $3,500. My sister said your on Unemployment you can't drive you are on crutches why are you paying your premium?

Of course I pd Geico today irregardless if I am homeless I will pay Geico. I pay for someone to come in and take out trash, feed cats and I stare out my window and watch the world go by, as this 20 yr old is out their driving Unisured and no one will ever know he hit me.

Will I get pain and suffering in this case? Lost wages or because i was Unemployed at the time (use to be in Mtg Banking Loan Funder) they will not pay? Is the $5,000 all I have for Medical pymts? Can I sue the Ownwer of car WAWANESA for attorneys fees? I am sorry so long it's a long terrible story please watch for pedestrians.



I am very sorry to hear your situation. Sounds like you have coverage for pain and suffering either under the at fault party policy (if they have insurance) or you have insurance under your own insurance policy with a uninsured policy.

You are injured period. It would be up to a judge or a jury (not a policy officer) to decide if you are owned anything. Contact an attorney in your are, this is the best way to go about this. You are entitled to compensation and you will need an experience attorney to handle this.

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Good Luck,

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