Expert: Doctor Settlement - 2/2/2008

Question
I was involved in a accident at 415am driving to work.  As I proceeded through the gated entrance to the employee lot(about 5-10mph) I collided (Front left of car) with a pedestrian whom I didn't see. Probably because She was wearing a long black coat with a hood and it was 415am Dec 17. with little lighting.  I got out to check on her and then called 911.
I told her not to get up so she wouldn't injure herself further. She stated her back hurt.  The police arrived and took our statements and stated to me it looked like an accident.  BTW the ambulance was already in the lot due to another (same) incident. (happens frequently)  No ticket was issued.  My next call was to my insurance company to give them a heads up.  No damage to my car.  A week later they appraised the car and saw that there was indeed NO damage.
Today,(Feb1) I received a letter from an attorney stating that he is representing her for bodily injury.  My question
is, what should I expect going from here?  Should I talk to her attorney?  Is liability 50/50 in this case?  Can she personally sue me?  Can any of the above take in account? i.e. dark environment/dark cloths? I have a witness not to the actual collision but to what she was wearing. and that she wasn't in a crosswalk.
Thanks for your time
Charlie

Answer
Hi Charlie,

DO NOT TALK TO ANYONE OTHER THAN YOUR INSURANCE ADJUSTER.  It is your obligation to deliver the correspondence to your insurer ASAP, and thereafter you will have NO CONTACTS whatsoever with the other side.  Same thing if you are later served with a lawsuit.  DO NOT assume that the attorney sent a courtesy copy to the adjuster he was working with.  Get any lawsuit to your insurer ASAP.

Whether or not there is comparative negligence will be determined by your attorney.  This is what you paid for: your insurer will provide an adjuster who will negotiate a settlement.  Should the case fail to settle, then they will hire a competent attorney to represent you and she will do so with vigor.

In direct answer to your questions: can she sue you?  Of course--you hit her.  Will the circumstances be taken into account?  Well, if the case resulted in serious injuries, your company might bring in the employer for failing to light that entrance.  

Your rates will go up whether she is 50% liable or 0% liable.  This is going to be an "at-fault" accident for purposes of a rate increase.  

Just relax and do NOT WORRY about how the claim is being handled.  Your adjuster knows what she is doing.

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com