Legal Question in Personal Injury in California
Motorcyclist Hit by SUV
Just over a month ago, I was riding my motorcycle, approaching a traffic signal, preparing to stop. There are 3 lanes of travel; I was in lane #3. Traffic stopped in lanes 1 & 2, but the traffic was still moving in my lane of travel. A driver in an SUV cut from lane 2 directly into me. I was knocked onto the sidewalk, my motorcycle was totaled.
I was transported via ambulance to the ER for observation, due to my complaint of ankle/foot and back pain. The ER report indicates my injury as being a contusion to my foot. After a couple of weeks, I followed up with my PCP and he advised me that the lump in my lower back was likely a hematoma. He explained that it was possible that I would experience ongoing pain in my back. Over a month after the accident and I still have discomfort in my left foot/ankle. The back pain is only occasional.
The police report attributes fault to the other driver (unsafe lane change). The insurance company for the other party is only advising me that they have been unable to contact him to receive his version of the accident (basically, he is avoiding them). Is this worth me retaining an attorney for my pain/suffering, or should I continue to wait for the other party's insurance. Thanks
5 Answers from Attorneys
Re: Motorcyclist Hit by SUV
I would need to understand why your ankle still hurts one month post accident. I would like to see some further diagnostic tests.
Regarding your back, I assume you didn't get much treatment for that, and now it's all better, so the value of the case depends on what's wrong with your ankle.
If your injury is serious, you can expect the defense adjuster to try and find a way to place you at least partly at fault (like, by saying you were going too fast, or lane splitting).
If you need further advice, please visit my website at www.stone-molloy.com or e-mail me directly at [email protected]
Re: Motorcyclist Hit by SUV
Don't talk to insurance company yet until you are done with treatment. They will try to pursuade you to give a recorded statement in which they will use to limit their exposure to liability. You need to consult with a doctor about the extent and nature of future treatmenti.e. surgery,medicationa,etc.Call us at 213.388.7070 for a free consultation.
Re: Motorcyclist Hit by SUV
Insurance companies spend all day, every day, trying to settle claims for the smallest amount of money possible. They acheive the greatest success with non-represented claimants. Nobody can predict the future and nobody knows exactly what will happen with your case, but generally speaking you are MUCH better off having an attorney represent you. The fee earned by the attorney will typically be more than made up for by the increased amount of recovery. Please call me if you would like to discuss your case.
Re: Motorcyclist Hit by SUV
Obviously you have a good case, but you will need to stop talking to the other party's insurance company -- do not believe anything they told you so far -- and hire your own lawyer. Probably many lawyers would take this case on a contingent fee basis so you wouldn't have to pay anything up front. Watch out for legal time limits!
Re: Motorcyclist Hit by SUV
Yes. If you want to pursue this, you should retain an attorney. The other party's insurance company will continue to stonewall you with the "we can't get in touch with him" excuse as long as you let them. Let a professional handle this for you. It is too important to try to do yourself, especially with the accident that you described.
You can read more about collisions and the insurance company tactics at my blog, www.calpiblog.com
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