I'm glad you are well after what was certainly a harrowing and painful experience.
If you don't mind, lets explore your experience further. Did you sign any admission of liability with the insurance company? I hope, and knowing you, you didn't. I suspect the insurance reps mission was to scare you away from filing a claim. I would suggest you obtain a copy of the police report regarding your incident. The insurance company certainly will obtain a copy. Was the fellow who hit you given a sobriety test? What was his/her status? The insurance company is trying asses its liability. If you were both inibreated its a 50/50 split. You get the idea from the ins. company's position.
As far as the police questions regarding your sobriety, you are assumed to be less than sober, when the police contact you after midnight layng in the road having crossed in an area not specifically designated as a pedestrian crosswalk. Not to mention being struck by a vehicle on a clear night where headlights would be seen easily.
Your situation is unfortunate but............next time use the cross walk where operators of motor vehicles can expect to find pedestrians, and the crossing is controlled by light signals.
You are a vey lucky soul. Most folks die in these encounters. You must have something to do in your life.
P.S. You may not remember seeing the lights. A number of years ago I was involved in an auto accident which put me in hospital for six days, emergency surgery and all that. I could only remember bits of the incident. I enquired with the medical folks and the informed me that it was quite common for amnesia (ie your brain protecting you from traumatic experiences) to occur.
Last edited by waste gate; 08-17-06 at 02:55 PM.
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