If I was hit by a car while I was on bike riding to school, is it possible to get compensation for my bike and pain?
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If I was hit by a car while I was on bike riding to school, is it possible to get compensation for my bike and pain?
My bike was destroyed and I received minor neck and shoulder pain. I got her name and number but neglected to get her insurance information and call the police at the scene. I however told the school office and they logged the incident. It was 2 days ago.
Asked on September 16, 2015 under Personal Injury, Ohio
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You can call the person whose car hit you to obtain her insurance information. If you are a minor, your parents should handle this and all other aspects of your case.
A property damage claim for your bike should be filed with the at-fault party's insurance carrier. The property damage claim is separate from your personal injury claim. The at-fault party's insurance company should be notified in writing that you will be filing a personal injury claim.
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, your parents if you are a minor should obtain your medical bills and medical reports. Your personal injury claim filed with the at-fault party's insurance carrier should include those 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 your medical bills. If you are a minor, your parents should handle all of this. If you have a wage loss claim, compensation for wage loss is straight reimbursement.
If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If you are a minor, and your parents are dissatisfied with settlement offers from the at-fault party's insurance carrier, they should reject the settlement offers and file a lawsuit on your behalf against the at-fault party. Your parent will need to be appointed guardian ad litem to file a lawsuit on your behalf because a minor cannot file a lawsuit.
If the case is NOT settled with the at-fault party's insurance carrier, the lawsuit for negligence against the at-fault party 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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