Legal Question in Personal Injury in California

hit and run while in crosswalk?

i volunteer at my church. as crossing guard. and two nights ago. i was hit by a hit and run driver. the church is covering all hospital costs and dr. costs. and i can't work for about two months. can i get state disability? or something else? i would like to know.

thank you


Asked on 1/27/01, 12:24 am

6 Answers from Attorneys

Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: hit and run while in crosswalk?

I note that your question to LawGuru.com has been directed to me as I specialize in Personal Injury law.

State Disability is generally for those injuries that occurred outside of a work or employment environment. Did the church consider you as an employee and are they providing your medical costs under any workers' compensation insurance policy? Or if you were not considered an employee, is the church simply gratuitously handling your medical bills?

If you were not considered an employee, you probably could get State Disability which is based upon your prior history of employment, Did you also own your own vehicle and was it covered by uninsured motorist insurance? If such was the case, the uninsured motorist coverage could also be utilized for hit and run situations. I suggest you contact a personal injury attorney. If you are in the Orange County area, I would be glad to provide a free consultation to you to discuss your case further.

Sincerely,

SAM M. EAGLE, 10101 SLATER AVE #218

FOUNTAIN VALLEY, CA 92708

PHONE- 714- 963-5123

FAX- 714- 964-9993

E-MAIL: WWW.FIRMS.FINDLAW.COM/EAGLELAW007

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Answered on 2/06/01, 7:17 pm
C. David DuMond Law Offices of David DuMond

Re: hit and run while in crosswalk?

Yes, you may qualify for California state disability. Check out this website from the California EDD for more SDI information: http://www.edd.ca.gov/diind.htm. Next, if you have automobile insurance, you may be entitled to recover on your uninsured motorist coverage. Contact your insurer, and if they give you any static about it, contact a lawyer to represent you. In fact, it's always a good idea to speak with a lawyer about these matters.

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Answered on 1/31/01, 8:41 am
John Bisnar Bisnar & Chase, LLP

Re: hit and run while in crosswalk?

Yes, you are covered by SDI (State Disability Insurance). Apply at once for best and quickest assistance.

Also, look at your automobile insurance policy, to see if you have uninsured/underinsured motorist covereage. This is insurance you have purchased for someone else who has injured you through the use of a motorized vehicle. This insurance will usually cover you IF ANYONE in your household has such coverage. Many times insurance agents/adjusters don't realize that this coverage extends to a situation like yours. Don't be put off by an insurance comapnay that claims that you are not covered.

This is a situation that I highly recommend that you employ a personal injury specialist law firm. Dealing with your own insurance company on an uninsured or underinsured claim is more tricky then dealing with an adverse party's insurance company. You have less rights and there are more ways for an insurance company to take advantage of you.

I am very interested in taking your case should you desire to hire a law firm. I will also give you pointers over the phone, if you need assistance. However, I strongly recommend that you consult an attorney to review your policy and before contacting the insurance company.

The best personal injury law firms will provide you a relatively comprehensive consultation and evaluation, without charge. I would be happy to provide such a service for you.

John Bisnar, Senior Partner, Bisnar & Chase LLP, Personal Injury Attorneys & Counselors at Law, www.serious-injury-law.com, 800-956-0123, [email protected].

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Answered on 1/31/01, 10:56 am
Jeffrey Zinder Zinder & Koch

Re: hit and run while in crosswalk?

You may be entitled to Workers Compensation, State Disability, Social Security Disability and Uninsured Motorist Coverage.

You should consult an attorney to go over your options. Do not rely only upon what your employer or your insurance company tells you.

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Answered on 1/31/01, 12:07 pm
Stephen Gibbs Law Office of Stephen Gibbs

Re: hit and run while in crosswalk?

hello:

The 2 last attorneys, Bisnar and Zinder gave you excellent advice. However, if you are in Santa Clara County and wish to use a local attorney, please call me for a free consultation as soon as possible.

Steve Gibbs

570 East William St.

San Jose

408/295-8282

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Answered on 1/31/01, 3:14 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: hit and run while in crosswalk?

Have the police had any luck in finding the driver? If you cannot work due to your injuries ask your doctor to certify you for State Disability Insurance.

Is the intersection where you were hit unduely dangerous so that the city may bear some liability?

Are your medical costs being paid through the church's insurance policy for "med-pay?"

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Answered on 1/31/01, 6:41 pm


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