Date of Incident
09/03/2015 in Miami Beach, Florida.
Age, Sex and Occupation of Pedestrian
37-year-old male, Employed as an entertainer and parking attendant.
Cause of Injury
The pedestrian was injured when Allstate’s insured carelessly backed up his vehicle and ran over the pedestrian’s foot.
Clear. It was my position that liability is clear.
On the date of the crash, Mike (not real name) was working as a parking attendant when Allstate’s insured carelessly backed up and ran over his foot.
Police was called to scene.
Driver Gets Ticket
The driver was cited for careless driving. The investigating officer recreated the scene of the incident with the diagram at the top of this article.
We sent Allstate a copy of the full police report.
Nature of Injury and Medical Treatment
Mike felt excruciating pain when the driver’s tire rolled over his foot. Paramedics were called to the scene and gave him first aid.
They recommended he be transported to the hospital. Mike’s manager also assisted him and agreed to take him to the emergency room of Mount Sinai Hospital.
Mount Sinai Hospital
Mike was diagnosed with a right foot contusion and right ankle pain. The pain was noted as a 5 on a scale from 1-10.
We included an excerpt of that medical record in our demand letter to Allstate.
Orthopedic Doctor Examines Mike at the ER
At the emergency room, he was examined by an MD and an orthopedic doctor. X-rays were ordered to see if he had fractures.
Upon release from the hospital, he was given Motrin, Percocet (a prescription pain-killer) and ice.
He Had Difficulty Walking
Since he had difficulty walking, Mike received an air splint and crutches. He was instructed
to follow up with a physician.
The next photograph shows Mike wearing the air cast.
We Demanded that Allstate Pay the $10,000 Insurance Limits
We demanded the driver’s $10,000 bodily injury (“BI”) insurance limits.
Allstate Offers $2,500
We Again Demand $10,000; Allstate Pays $10,000
Allstate finally agreed to pay us its insured’s $10,000 limits. We settled the case around August 2016.
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