At the same time a commercial vehicle was pulling out of the parking spot.
While reversing, the van struck our client on foot and threw him to the ground. Our client went to the hospital with shoulder and knee injuries. We filed a claim for him for his medical bills, pain and suffering and time he missed from his job at Kroger.
The insurance company denied the claim saying our client faked the contact, was not actually hit and was not really hurt – we guess that is what their driver told him. So, we immediately sued the company.
In the lawsuit, we were quickly able to subpoena the dash cam footage from inside the commercial vehicle AND the surveillance video from the gas station. The audio showed the driver was on the phone and as you can see the video showed there was no rear-view mirror (at least not that was used or could be seen) and the back seat/rear window was completely blocked. The gas station surveillance video caught the full contact and showed our client being violently thrown to the ground – cleary sufering an impact which would have cauesd injury.
These still shot pictures taken from the two videos told the entire story and we settled the case very soon after filing the lawsuit for $395,000.