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What course of action should I take?
Anonymous6 views6 answers
I was in a bicycle accident on September 8th. I was riding on a bike path and went to cross the street to get on the bike path on the other side.I was on the right of a driver that I saw coming up to a stop sign and thinking I had the right of way I started to ride across the street in front of him when he started pulling out to turn and hit me. I was knocked off my bike which sustained significant damage. The driver was extremely apologetic said he was looking the other way and that hisinsurance would take care of it. I took my bike in for an estimate and it was estimated that I need a replacement bike (the retail value on my bike is $5000.00). I received an update from his insurance today (which is also MY insurance as well)--they are claiming 50/50 liability which is unacceptable to me.
Richard Andrew HartingPersonal Injury LawyerLong Beach, CA ·
Here si what I understand from your facts:
1) You were going the same direction as the car;
2) You passed him on the right and proceeded into the intersection;
3) You have a property damage claim only (no medically attended injury)
Under this scenario you may well be comparatively negligent for what is referred to as curb sneaking. Given the amount of money at stake and that you pay your own attorney fees win or lose - you do not need an attorney go to small claims.
Alternative facts:
1) you are on street perpendicular to the car and positioned to the right of the car;
2) You have a property damage claim only (no medically attended injury);
3) The car is presumably making a left turn (because a right turning car would not encroached beyond the center median of the lanes in your direction of travel.
In this scenario you have control of the intersection (assuming you had also stopped first at the stop sign) and the other driver appears to be 100% at fault.
Again, given the amount of money at stake and that you pay your own attorney fees win or lose - you do not need an attorney go to small claims.
Your road to recovery starts with retaining the services of an attorney that works on bicycle accident cases. You may eventually need to file a lawsuit.
Good luck.
You are not going to be able to negotiate with the insurance company effectively on your own. You need to hire personal injury counsel, specifically one who has dealt with bicycle injuries in the past.
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
You broke the golden rule. Never deal with an insurance company without a lawyer. Retain a local bicycle accident lawyer and get full compensation. Good luck.
The answer does not create an attorney-client relationship and is for informational purposes only.
Only 29% fee deducted.
Lassen Law Firm
1515 Market St #1510
Philadelphia, PA 19102
215-510-6755
http://www.InjuryLawyerPhiladelphia.com
Marc LazarusPersonal Injury LawyerNewport Beach, CA ·
I agree with those who have posted in response to your question. A good personal injury attorney should review the facts of your case with you, and you should hire a lawyer to help you prosecute this matter.
Please feel free to call our offices (949)309-0990, and we can provide you with a consultation. We handle personal injury cases is in your area.
