Do I have a legitimate case?

Asked 9 months ago - Anaheim, CA

November 9th I was hit by a car as I was riding my bike to work and was rushed to the ER for bruising scrapes and sprained ankle.I did not receive the insurance information until last week because the police officer did not give me any information. All he gave me the police report number and the police station kept giving me wrong information in order to obtain it. Now that I have the insurance information I would like to know if I can receive compensation money because I was not able to attend work for three weeks due to my injuries, my bike phone and ipod were damaged due to the hit, and I cannot afford to pay the medical bills after they rushed me to the ER.

Attorney answers (20)

  1. Malosack Berjis

    Contributor Level 20

    17

    Lawyers agree

    Answered . Based on your post, it sounds like you definitely have a claim. Now all you need to do is call a personal injury attorney ASAP. Hope this helps.

    Ms. Berjis is licensed to practice law in the State of California. The laws of your jurisdiction may differ and... more
  2. Roger Stone Reynolds

    Pro

    Contributor Level 12

    17

    Lawyers agree

    Answered . I'm sorry to hear of your accident. The one piece missing is liability. Did the police report find you at fault, or the driver of the car? If the driver is at fault, you definitely have a valuable claim for bodily injuries, including your medical bills, ambulance bill, lost income, property damage and general damages for pain and suffering. And, you may still need treatment/therapy for your injuries. A good personal injury lawyer can review your potential claim and advise you, and direct you to excellent treatment if needed as well. Check the Avvo listings and retain an attorney asap. I advise against speaking directly to the other party's insurance company without an attorney.

  3. Jame P Mascaro

    Contributor Level 10

    15

    Lawyers agree

    Answered . Yes, it sounds like you have a case, based on the information you provided. You should call a local personal injury lawyer as soon as possible. Most of them should give you a free consultation.

    For a free consultation, please call (949) 769-3610. The information presented on this site is not intended as... more
  4. Jonathan Aaron Weinman

    Pro

    Contributor Level 17

    14

    Lawyers agree

    Answered . You should promptly retain an attorney to handle your potential claims. Individuals who have been the victims of accidents such as yours are entitled to compensation for your injuries and related damages, as you have mentioned. The sooner you handle the matter with an attorney the better. Good luck.

  5. David Herman Hirsch

    Contributor Level 20

    14

    Lawyers agree

    Answered . You need to immediately consult with a personal injury attorney to assist you in pursuing a claim against the driver who hit you. Personal injury attorneys typically handle cases on a contingency fee basis and give free consultations. Use the Find a Lawyer tab on Avvo to find one in your area. Best of luck to you...

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

  6. Alan Ray Barnes

    Contributor Level 18

    14

    Lawyers agree

    Answered . Assuming that the driver of the car that hit you was at fault for the accident, you are entitled to recover damages from him or her. The best way to make sure you get everything you're entitled to is to retain an experienced personal injury lawyer who can help you assert your claims.

  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    15

    Lawyers agree

    Answered . Yes. Avvo has a terrific "find a lawyer" tool to find a top-rated Avvo lawyer with a low contingency fee. Good luck.

    Licensed & have offices in PA & NJ ONLY. (Philadelphia, PA & Marlton, NJ)
  8. David Ian Schoen

    Pro

    Contributor Level 20

    15

    Lawyers agree

    Answered . If the driver was at fault immediately consult with an experienced personal injury attorney.

  9. Michael Elliott Rubinstein

    Contributor Level 12

    13

    Lawyers agree

    Answered . It sounds like you have a very valid personal injury claim. Consult a personal injury attorney in your area to discuss this matter more fully. Keep track of all documentation, especially the police report. An attorney will help you achieve your goals and make you whole. Good luck on your recovery.

  10. Thomas Edwin Martin

    Contributor Level 12

    13

    Lawyers agree

    Answered . If you can establish that the other driver was at fault, yes you have a good case and you are entitled to compensation for all of the losses that you mentioned. How ever, I would caution against attempting to pursue this on your own. The other driver's insurance company will not act in your best interests and will do everything to low ball you. You should contact a personal injury attorney. They will be able to take care of this for you.

  11. Gabriel Dante Mazzitelli

    Contributor Level 13

    14

    Lawyers agree

    Answered . Contact a personal injury attorney in your area, but yes, based on what you've explained you should be able to make a claim against the drivers insurance.

    The information provided is for general informational purposes only and is not intended to be legal advice. No... more
  12. Eric Burton Strongin

    Pro

    Contributor Level 12

    12

    Lawyers agree

    Answered . Yes. You can receive compensation for your medical bills, your lost earnings, your injuries and pain and suffering. You should retain an attorney immediately to negotiate a settlement on your behalf, or if necessary file a lawsuit. Many of us here offer a free consultation, as does our office. Please feel free to call one of the qualified lawyers on this site.

  13. Wendy Marie Schenk

    Contributor Level 16

    11

    Lawyers agree

    Answered . It's hard to know whether you have a case since you don't mention how the accident occurred. You should retain a personal injury attorney to assist you in maximizing your recovery on personal injury and property damage claims. You will want to avoid giving a recorded statement to the other party's insurance carrier since they will likely try to use it against you.

    ***This response is provided solely for general information purposes and is not intended as legal advice, nor does it create an attorney-client relationship.

  14. Michael Shemtoub

    Contributor Level 17

    8

    Lawyers agree

    Answered . I live and work in California and deal with accidents like yours all the time, so I am happy to answer your question. Your gut instinct is right that you have questions regarding your rights and your case. I've handled a good amount of accident cases and know this to be true that insurance companies give cases like yours a hard time even if the police report finds the other person at fault. You should hire an attorney now before you hurt your case (happens unfortunately very often). You should hire a lawyer to help you out with the claim because regardless of the outcome of the police report insurance companies give unrepresented people a tough time. I've handled cases and referred clients to great doctors in the Anaheim, CA area.

    At our firm we always refer clients to all kinds of doctors and chiropractors when our clients are injured and our clients never pay anything upfront, not even a copay. The doctors are willing to do this because an attorney is on board. You are entitled to have your property damage, medical bills and future medical expenses PAID FOR BY THE OTHER PARTY'S INSURANCE. The attorney you hire will handle the claims process from start to finish.

    But you are going to need to see a specliast to even get a shot at getting future medical treatment from the Defenedant. Moreover it sounds like the accident is completely the other persons fault so you don't want this case to become a difficult one because of lack of inattention. The insurance company will make you believe that your case is worth very little... Regarding pain and suffering, you need to speak to an experienced attorney that can strategize your case. Just because you were in an accident doesn't mean you have pain and suffering, at least thats what the insurance companies think. Make no doubt about it you have a great case, but you need help from a professional. You are entitled to your medical bills being covered as well.

    Do you feel that you are at the same medical condition that you were before the accident? As a basic premise I wouldn't handle your claim by yourself. The attorney you hired can likely refer you to a doctor, if you ask for one, who will see you with no upfront payment! I've done this many times to help my clients out. You should not wait a single day to hire a lawyer, we will advise you on the strategy of your case. There is no upfront cost to hire an attorney.

    With a case like yours it seems like you have some good facts in order to get a high settlement, but your case definitely needs to be developed further to corroborate your story. The most important thing when building your case are: liability (were you at fault); how bad are your injuries to your body. A lot of these things sound like they are not complete yet in your case so its something that is worth hiring an attorney for in order to get a sense of whether you have a case and what the strategy would be for you to build a strong case! I've handled cases and/or spoken to clients in the Anaheim, CA area.

    Its very possible that your case is worth more than the $$$ that the insurance company will offer you by yourself. Make your life easier and call an attorney today, you won't regret it.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  15. Maryam Parman

    Pro

    Contributor Level 15

    8

    Lawyers agree

    Answered . Contact an attorney. If you are still suffering from any injury relating to this accident, make sure to receive medical treatment. If you do not have health insurance, your attorney can assist you in receiving medical treatment.

  16. Christopher John Gansen

    Pro

    Contributor Level 18

    7

    Lawyers agree

    Answered . Yes. Contact local PI lawyer. Find one on here.

  17. Manuel Alzamora Juarez

    Contributor Level 20

    6

    Lawyers agree

    Answered . YOU ARE ENTITLED TO COMPENSATION. TALK TO A LOCAL PI LAWYER TO HELP YOU ON THIS CASE. BEST OF LUCK.

    This answer is provided by California Auto Accident Attorney Manuel A. Juarez, Esq., These answers are not... more
  18. Robert Andrew Michael Burns

    Contributor Level 17

    5

    Lawyers agree

    Answered . I like, and agree with, the answers given by two of my colleagues. You are not entitled to recover damages from anyone not at fault in causing them. That fault would, if at all, likely be in the form of negligence. However, please be assured that the types of economic losses you mention, as well as the noneconomic ones (e.g., pain, suffering, bodily injury, loss of enjoyment of life), are recoverable if you can establish fault and there is insurance/assets to pay the damages established. Since you mentioned no economic loss, consider Small Claims Court if you can't reach a settlement with the motorist or motorist's insurer.

  19. Hetinder Singh Gill

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . I believe you are entitled to recovery, based on your post. You should schedule an appointment with a personal injury attorney as soon as possible to discuss the incident and your injuries in more detail.

    Raja S. Gill | Attorney At Law | Gill Law Group rsg@rsgattorney.com | http://www.thegillfirm.com T: (855) 600-... more
  20. Bassma Zebib

    Contributor Level 3

    4

    Lawyers agree

    Answered . Based on the facts you provided, this seems like a good case to pursue. You can definitely receive compensation for your losses including medical bills, loss of wages and property damage. I suggest you contact a personal injury attorney immediately. Most will take the case on a contingency basis and will advise and help you through the entire claim.

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