Thursday, July 29, 2010

How can I advise my elderly mother who just hit a cyclist?

My 80 y.o. mother who has never had an accident just hit a cyclist while making a right turn on a red light. The approx. 20 y.o. girl's bike was damaged and she hurt her knee. Friends took her to the ER. They exchanged phone numbers. My mother just called her at ER and there was a sheriff there with her-who told my mother that he would call her with a case number. I don't know what will happen next and am frightened for her, her insurance and legally. Thoughts?How can I advise my elderly mother who just hit a cyclist?
Time for her to stop driving.How can I advise my elderly mother who just hit a cyclist?
Relax..........








If the police are there at the hospital it is to make a report, they will come to your mom's house to get her information from her.





The very worse that will happen is they may give her a ticket for improper turn. The state may later have her come in for a mandatory re-exam to see if she is still fit to drive.





Now, as for the insurance.... if this cyclist files a law suit.. that could be litigation hell for years to come.
I believe your Mother is handling the issue correctly. I realize that some and not all elderly think they can drive safely. On the road of what Ive seen in my days makes my hair stand up.


Really, all I can say is to offer your Mother any help she may need for this issue and Im so glad the little girl was not hurt too bad.


It will all work out, no worries.
Explain to her that is why old people shouldn't drive. They are dangers to the road, and should have their loving children that they sacrificed so much for take care of them instead.
Get an attorney--NOW!!! Don't wait for the cyclist to contact her first. Tell him or her what you are telling us and start the protection immediately. Don't let her be taken advantage of because of her age. (My dad is 80, too.)





Don't assume that because they were friendly at the scene, that this will continue. As an example, my sister-in-law tapped the bumper of an elderly couple's car because they had stopped abruptly. There was no damage and the couple was friendly and told my sil not to worry about it. Then their lawyer contacted her! They had time to think about it, maybe a son or a cousin told them they could make a bundle....whatever. It's best to be proactive.





More than likely, they will drop your mom from her insurance even if this is the only accident she's ever had and she's had the same insurance for 40 years. They did that to my dad more than 10 years ago for an accident. He was classified ';high risk'; and ended up going on my brother's insurance, which wasn't a good idea, but that's another story.....





I'm sorry you both have to go through this.
Accidents happen to everyone at every age. All she can do now is cooperate with the police and insurance. I just hope that there is no lawsuit brought against her, but don't be surprised. Good Luck.
If your mother is legally licensed to drive and had auto insurance, and was driving while sober, not speeding, and didn't leave the scene of the accident, I wouldn't worry too much. She needs to call her insurance company and make a report. She then should contact an attorney and give him all the particulars of the accident. If the girl who was in the accident was at fault, that should be clarified. If a police report was made at the scene, the scenario will then reflect the police report. Not to worry. The lady was injured, but is not dead. Tell your mother to take a deep breath and try to remember that you are innocent until proven guilty. Tell her not to sign anything and not make any statements to anyone who is not the proper authority. Tell her to talk to a lawyer. Good luck.
Notify the insurance company immediately to avoid having the insurer come back and deny coverage for failure to notify. Her insurance rates will probably go up about 30% or more, and she may end up in the assigned risk pool (much bigger increase in premium load). But it's not nearly as much as having to defend the case at your own expense. It looks like there is liability exposure here--there almost always is in a MV vs. Pedestrian case, and a bicyclist is generally regarded as a pedestrian.
It could've been way worse. Your Mom will just have to go through our imperfect legal system.





Maybe it's time for your mother to stop driving?
Not to worry, it's not a hit and run, they were cordial and provided each other with necessary information. Insurance will take a hit!
Who had the right of way? If your mom ran a stop sign or red light then she is in trouble. It is up to the girl if she wants to press charges or not. Go talk to an attorney not people on Yahoo
You should get out in front of this and commit her for dementia.

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