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It is rare that I come across a claim where I learn something new after many years of experience.

On a sunny afternoon Mr. Hapless was leaving the grocery store.  As he proceeded to reverse from his parking space he heard several people screaming so he immediately stopped.  People were screaming at him to pull forward which he did and then he exited his vehicle.  To his horror he realized that he had backed and hit an elderly male pedestrian.  He struck the pedestrian Mr. Blacknblue, who then fell forward onto his face on the ground, and then Mr. Hapless continued to roll over him completely.

Mr. Blacknblue lay there moaning in pain and bleeding profusely from his shattered face.  Mr. Hapless, feeling awful, ran to the pedestrian and gathered Mr. Blacknblue in his arms and moved him to his vehicle where he propped up Mr. Blacknblue.  He asked Mr. Blacknblue if he wanted an ambulance or a ride to the hospital and he did Mr. Blacknblue did not respond so Mr. Hapless got into his car and rushed him to the nearest hospital.

It turned out that Mr. Blacknblue had a fractured nose, several teeth knocked out, bruising along his back where the vehicle ran over him, and a severe concussion that resulted in short term memory loss.

After this loss, I was contacted by an attorney who confirmed that he had horrific video of the actual accident.  He sent it to me, I reviewed it, and horrific it was indeed.  He wanted to let me know that he was not only seeking the policy limits for Mr. Blacknblue’s Bodily Injury claim under our policy but would also be seeking the policy limits under Mr. Hapless’ Homeowners policy as well.  Apparently, with this video, he is able to prove that our insured contributed to the injuries sustained after the accident by not leaving the pedestrian where he was to be tended to by professionals, but instead picking him up which caused additional injury. 

I later found out that the Homeowners policy paid in full for these actions.

The lesson learned is that even though your instinct may to be to help a person in need, call the police and wait for the proper authorities and DO NOT touch an injured person or you can contribute to their bodily injury and be pursued for it.

Posted 10:34 AM  View Comments

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