Legal Question in Personal Injury in California

Yes. Thank goodness he wasn't hurt. This sounds like a small claims case, unless you can resolve it amicably with the driver and her insurance carrier.

I am shocked that an attorney as experienced as Mr. Cohen would answer the way he did. It is impossible to tell from your question what caused and/or contributed to the accident. Without knowing who was the legal cause of the accident, the driver or your son, it is impossible to say whether the driver owes you a new bike or not, or if the responsibility is shared and she only owes you a contribution toward the bike.

I agree with Mr. McCormick. In many cases like this the driver is not at fault and is therefore not financially responsible. For instance, if the child unexpectedly darts in front of the car and the driver is unable to stop in time, the fault is the child's and not the driver's. The driver would not be liable in such a case.