Legal Question in Personal Injury in California

Bike Accident Information

I was recently hit by a car while riding my bicycle. Although I will receive the official police report in a week, I'm pretty sure the driver of the vehicle is at fault. I'm wondering what I should do about this - I suffered bumps and bruises and I might have a cracked bone in my wrist. What do I need to know as far as dealing with the driver's insurance company, etc. The claims agent said there is a $15,000 limit on the policy. What am I legally entitled to if I am not at fault?

Thanks,

Christina


Asked on 8/12/99, 2:52 pm

2 Answers from Attorneys

Michael Kushner Law Offices of Michael F. Kushner, A Prof. Corp

Re: Bike Accident Information

Your question "how much are you entitled to" has a legal answer and a practical answer. Legally you are entitled to all of the money necessary to compensate you for all of your past, present and future problems due to this bicycle accident. Practically, if all the insurance that covers this accident is $15,000, then that my be the limit of your recovery. It is important to explore all avenues for insurance. For example, if you have uninsured motorist automobile insurance greater than $15,000, you may be able to collect the $15,000 from the defendant's insurance company and then go after your OWN auto insurance. Also, you may consider having an asset check run on the defendant to see if it is worth obtaining a judgment for an amount in excess of $15,000. You would be well advised to consult with an attorney. Most will give you a free consultation.

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Answered on 8/24/99, 7:03 pm
John Hayes The John Hayes Law Offices

Re: Bike Accident Information

Contrary to popular belief it is almost never worth it to go after the drivers assets. Essentially you are betting that he has more than $15,000 in assets and that he will not file for bankruptcy if you win that much in court. The reason I say this is because once you decide to go after him personally you are waiving your right to the insurance money. Additionally, it sounds like you were not seriously injured so even if you went to court a jury may not give you $15,000. What are your medical bills? Lost Wages? These are questions that I need answered in order to evaluate the value of your loss. In this type of accident insurance companies do not usually deny liablity. If you would like a free consulation I can be reached at 888-563-8529. I would be happy to discuss how to go about getting a fair amount out of the insuance company for your pain and suffering.

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Answered on 8/28/99, 2:26 pm


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