My Mom (a senior citizen) was hit by a car while crossing the street. Wondering if we need to seek a personal injury lawyer

Thje driver who hit my Mom was making a left turn on the opposite street. The driver claims to have slammed on the brakes and not hit her and said she fell out of fright. She ws taken to the hospital with a concussion, blackened eye, and a fracturered right clavicle. The police has his driver license, etc but cited him for not carrrying proof of insurance. He said he has AAA. How should we approach this situation? Should we call his car insurance to seek claim ourselves? Thanks
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Answers (6)

Ali Ebrahimzadeh

Ali Ebrahimzadeh

Contributor Level 4
Note: The general answer below does not constitute legal advice nor does it create any attorney-client relationship between us. For further information, feel free to contact my office for an initial consultation at www.PrometheusLaw.Blogspot.com or by calling 510-910-3198. I have offices in Santa Cruz, Campbell, Redwood City, Oakland, and San Francisco, CA, and I practice Family, Business, Property, and Criminal Defense Law, providing top-tier legal representation at affordable rates for working class clients. While I cannot give legal advice outside of an actual attorney-client relationship, which would entail forming a formal written signed contract, thus allowing me to fully review and analyze the specific facts in your case and conduct the necessary research into the law on point, generally speaking I would answer your question as follows, though this is not legal advice and you should definitely seek an attorney's guidance re: this question of yours:

You may be able to do both: seek money from his insurance and sue the driver for add'l funds to cover costs not covered by insurance, in addition to any potential punitive fees that may be owed to your mom. Talk to an attorney. I handle such insurance negotiation and litigation matters at affordable rates. Evidence is key.
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R. Michael Bomberger

R. Michael Bomberger Avvo Pro

Contributor Level 5
Your mother may have a case. It would be in your best interests to contact a personal injury attorney as soon as possible. If you do have a case, an attorney can almost always help you recover much more for your claim than if you handle the claim yourself. Our office handles matters like this. If you would like a free telephone consultation, feel free to contact us at (800)925-0723.
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Brian Richard Dinday

Brian Richard Dinday

Contributor Level 8
I have done personal injury litigation for over 33 years and have offices in San Francisco and Marin Counties, and I have practiced in San Francisco frequently for over 30 years. I could certainly help your mother with her claim. If you want to learn about my qualifications, you can review my website at http://NegligentDeath.com.

Note: It is NOT to her best interests to talk to any insurance adjuster or investigator representing that driver. They will act like they want to help. What they will do is collect evidence that will help them defeat or minimize her rights to recover for her injuries. She is no match for those people.

I am available for a free consultation all day today if you wish to talk to me. This kind of case is handled on a contingency basis, meaning that you pay nothing up front and the attorney only gets paid at all if he recovers money for her. That driver's story is patently a lie and it will haunt him later on to have tried that scam.
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Jason Eric Kipness

Jason Eric Kipness

Contributor Level 7
You need to contact a SF, CA personal injury attorney. Do not speak to an insurance company before speaking to an attorney. An attorney might be able to locate the insurance by contacting AAA on your behalf.
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Adam David Sorrells

Adam David Sorrells

Contributor Level 4
You need to contact an attorney immediately. One of the things I tell my clients is that it does not cost more to hire an attorney early on (the fee is contingent, and the attorney is only paid if the case is successful), but there is so much more work that can be done. There are many important things smart personal injury attorneys do early on. For example, the scene of the collision needs to be photographed, the at-fault driver's interview statement should be taken, pictures of your Mom's bruises need to be taken, your insurance reviewed, the police officer interviewed, etc. There are many other things that need to happen. This just scratches the surface.

I would be happy to talk to you. If you want somebody in San Francisco, I suggest my colleague Chris Dolan, of the Dolan Firm. Good luck.

Adam Sorrells
Chico Personal Injury Lawyer
Law Offices of Adam Sorrells
530-893-9900

Disclaimer: The following was not legal advice, and cannot be relied on. It was for informational purposes only. No attorney/client relationship established.
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Claude Armand Wyle

Claude Armand Wyle

Contributor Level 1
Hi: I am Claude Wyle, a San Francisco pedestrian attorney, and I thought I would give you some short answers to your inquiry. First of all, you should consider hiring an attorney who has experience both in pedestrian accidents and in representing the elderly. Injuries such as those suffered by your mom can have long lasting ramifications to her independence. Any recovery for a claim will potentially affect her eligibility for Medi Cal or Medi Care assistance. I am representing two elderly women with very similar cases right now, and, in one case, the offending driver is acting the same way as in your case and making the same excuses. This does not bode well for your mom making a quick settlement. I believe that you may have a fight on your hands. Have you written a letter to the offending driver to ask him to have his insurance carrier contact you? If they do finally contact you, do not give them a recorded statement unless they are willing to do the same for you with the offending driver. You should also open a claim with your mom’s car insurance carrier for medical payments coverage and potentially for uninsured motorist coverage. If the motorist had insurance but it is not adequate to compensate your mom for her injuries and damages, she may have to make an underinsured motorist claim with her own carrier. There will be complications with the lienholders like Medi Care or Medi cal or your mom’s health coverage. If you would like to ask me some more questions, please feel free to call me on my private line at 415-951-6235, or to send me a personal email at cwyle@ccwlawyers.com

Good luck to you and your mom, Claude Wyle
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