What can I do if the person that hit me disappeared?
Asked by
Rangie (
3664
)
March 27th, 2010
2 Years ago, I went to a Jr. High School Campus to watch my granddaughter play a basketball game. I was walking along side of the gym, when there was a flash, and I was propelled 180 degrees in the other direction. The first thing I thought was I was hit by a car. The first thing I heard was a whosh, which was my breath leaving my lungs. It happened so fast, I was going the other direction, and I saw a cement post heading my direction. But, I went down before, I cracked my head on the post. Instead I cracked my head on the cement sidewalk. I had no time to get my hands out to break my fall. My right arm was across my stomach holding on to the strap on my purse, which was hanging on my left shoulder. Down I went, hitting my knees, my stomach, and my head. I saw the cement coming and there was nothing I could do about it. When I hit there was the last whosh of air that came out of my lungs. I could not breathe any more. I tried but I could not get any air. I knew I was going to die, and my granddaughter was on the other side of the wall, and I could not even say goodbye. Then I heard a voice say “are you okay?” all I could manage to say was I can’t breathe. The voice said, I will get help. It seemed like forever since the person left. But, then I found myself sitting up. I saw a person walking toward the gym. I tried to say, help me, I can’t breathe. She came over and tried to help me. I was getting little bits of air, enough to keep me alive. Then the ambulance, police, and fire trucks showed up. When I saw them I was so relieved. Then, there was my granddaughter, in my face crying. All I wanted to do was hold her in my arms. Couldn’t do that, my right arm was broken, both knees were damaged as the meniscus was crushed and pushed out of place. I had to have a full knee replacement. And getting ready for the other one. I had to go through the surgery without the general anesthesia. Due to the COPD w/asthma.
So the final outcome was: He runs me down, I seek medical attention, I had to pay anything medicare does not. I am still trying to recover from that incident. And where is the boy that ran me down? He and his parents have disappeared. My attorney (who is one of very best in the valley) could not find him or any traces of his family. Very common Mexican name in California. Somehow I have managed to move past it and I am still paying my portion of medical bills. I am 67 years old, and with my conditions now, I feel I have lost at least 2 years of my life. I am in fact still recovering. My life will never be the same.
What now?? I guess sometimes we just have to say “it is what it is” and life goes on.
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12 Answers
hmmmm @Rangie I’m so sorry that happened to you.
I’m assuming there were no repercussions for the driver of the car?
Could you take him to court? Or would that entail legal fees you couldn’t afford?
I don’t know what to say really, except for, I’m sorry you have gone through such an ordeal….
The driver’s insurance should have covered your medical cost. Did you sign a release with any kind of settlement from his insurance company?. There are not enough facts here. The school may carry some liability too. Were you on public or private property when you were hit? If you haven’t already talked to a litigation attorney, do it today. These cases are taken on contingency so see that attorney.
Oh my goodness Rangie..I don’t know what to say other than sorry you had to go through that…and are going through this. You sound very very brave indeed much love to you and all the best with your recovery. I do hope you get some financial help soon xxx ((((hugs))))
Wait, what happened? Sounds terrible. So sorry!
I agree with @thriftymaid, the driver’s insurance should cover your medical expenses. It’s part of all policies, and why people are required to have car insurance. Too much time may have passed to file a claim, but if you have the police report, it should have the driver’s information on it, and their insurance information.
You really should talk to a personal injury attorney.
This was in the US, right? A driver hit you.. he is at fault and it’s bad enough that you were so badly injured, you shouldn’t be out any medical expenses. You know who the driver is? It wasn’t a hit and run? And they’ve had to make no personal injury claim on their insurance? That sounds wrong. I’d find out if it’s too late for him to file a claim on their insurance if you still have all your payments documented. This person sounds pretty irresponsible to NOT check with you and sort it all out. Geez… If I hit someone.. oh… ick. How awful for you to have gone through this! I would contact him and ask why they’ve never checked up on you about your medical expenses that THEY are responsible for and ask if they would check with their insurance company. Were they ever charged criminally? Dangerous driving, drunk driving… reckless endangerment?
@thriftymaid @lynneblundell @loser @PandoraBoxx @cazzie I am sorry I did not do a good job explaining just what happened. He was not driving a car. He was a large 15 year old boy, running on a Jr. High School campus. I was approaching the end of the building and he came running so fast around the corner and hit me head on. He kept running, and yelled back, “somebody better call 911”. A little girl saw the whole thing and we found out his name. My attorney filed against them, but they never showed up for their depositions. My attorney talked to the mother a few times, but then they were gone. Just gone. Left their home, failed to pay their homeowners about 1 month prior to the accident. Every effort has been made to find them, but to no avail. I keep telling myself, with all the pain I have been in, I am earning my wings.
What an idiot – people never cease to surprise me with their ignorance and lack of decency to take responsibility. Once again…sorry Rangie x
What is the statute of limitations on grievous bodily harm?
@cazzie , I am not sure, but my attorney was under the wire on that one. The problem is the family has disappeared, so there is nobody to go after at this point. The School claims no responsibility.
People don’t just disappear.
I don’t understand how this wasn’t made a criminal offence when the kid ran off and then the family never showed up to take responsibility. Find a PI that will work for a percentage of the settlement if you can. Finding that kids SS number shouldn’t be hard, especially if you have a friend in the school’s office.
@cazzie , I truly appreciate your support for my situation. My son in law was a police officer in the city where this took place. I asked him why there was no police report, since the police were there. He said because the boy was only 15, and it was not done intentionally.
My attorney is one of the best in the entire valley, and he said, since the boy was a minor, we could only hold the parent responsible for what is called a torte. I think he said the most a torte could get was $2000. Other than that we could have gone after their homeowners. But, the parents had let the homeowner insurande lapse prior to the accident. They apparently lost their house to foreclosure, which tells us there is no money. And with the name Salas in California, it is like looking for a that needle in the haystack. I could have had the parents thrown in jail, for failure to show up for their deposition, but they moved out of the house and could not be found. It would cost me even more to have an investigator go looking for them. My attorney did work on a contingency, but there seems to be nowhere to go at this point without it costing me. I don’t know if the boy has a SS#. I wouldn’t know how to go about getting it. I will ask my attorney. Thanks for the info, you never know what we might find out.
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