What to do if I was recently hit by a car while I was riding my bike?
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What to do if I was recently hit by a car while I was riding my bike?
The driver reported the incident to his insurer, however I have not been contacted. I have not contacted it because I am waiting for my full diagnoses, subsequent recovery and total costs that this accident has cost me. I was then going to make a claim to get covered for my costs. Should I contact the insurer now, wait or how should I go about getting covered for the costs that I have had? It has been about 3 weeks since the accident.
Asked on October 16, 2013 under Personal Injury, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
It would be advisable to immediately inform the driver's insurance carrier that you were injured in the accident and are receiving medical treatment.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss.
Your personal injury claim filed with the at-fault party's insurance carrier should include these items. Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement. If your personal injury case is settled with the at-fault party's insurance carrier, NO lawsuit is filed. If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault driver and registered owner of the vehicle (if the registered owner is someone other than the at-fault driver).
If the case is NOT settled with the at-fault party's insurance carrier, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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