My son was hit by a car while on his bike

Asked over 2 years ago - Kellogg, ID

My son was hit by a car this week. He jumped the curb out into the street and the car hit him head-on...it wasn't just a clip. He rolled all the way up on top of the car and injured his leg and arm. The woman asked him if he was ok...or if he had a # she could call me at but we don't have a phone. He insisted he was ok even though he was hurt and she gave him $20 and left from in front of our home. He is only 11 and I don't think she should have been able to just give my son $20 and leave. It's not as if he is an adult and knew that he was alright..There were many people outside and she could have asked where I lived. My boyfriend was over and he went looking for the car and found it up the st. He wrote down the license # and the woman's bf asked if there was another way we could handle it because he knew we were going to turn her in. She then decided to go to the police station after that. I am wondering why she didn't get in trouble for leaving...and if I should pursue a lawsuit for a hit and run or leaving the scene of an accident. I obtained a copy of the report and they did not even take any of her information. We were told by a lawyer to also get a copy of proof of insurance and they didn't even put it on record.

Attorney answers (5)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . It is up to the police whether or not the want to cite her for hit and run. If the woman was negligent, contact a local personal injury lawyer to discuss.

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  2. Jeffrey Mark Adams

    Contributor Level 20

    Answered . Most importantly, I hope your son is ok. The last part of your post is the most important. Not the insurance part, but speaking with an attorney. A local and experienced attorney is in the best position to counsel you.

    It is up to the police whether to issue traffic citations. Always report an accident. Get your son to the proper medical specialist. Good luck.

  3. David Wayne Hodges

    Contributor Level 7

    Answered . From the facts you described, it doesn't really sound like a hit and run. However, it is up to law enforcement whether to pursue that case. If your child has not had medical treatment, I suggest you take him to your family doctor at a minimum.

    You may want to contact the officer and find out if he thinks the lady had insurance. You could also contact her directly to see if she will give you her insurance info.

    The answer provided is for general informational purposes only. You are strongly advised to contact an attorney... more
  4. Erik Anderson

    Pro

    Contributor Level 12

    Answered . You should contact an attorney to discuss the possibility of filing a complaint with the police regarding the potential criminal aspect of this accident. Also, if your son was hurt, you may wish to pursue a civil lawsuit. Good luck.

    DISCLAIMER: Please be advised that this post is not intended to constitute legal advice and is for informational... more
  5. Jonathan S Willett

    Contributor Level 9

    Answered . Hello-

    I think you need to re-contact the officer who took the report and make certain he why he did not feel it necessary to find out whether the driver had insurance or left the scene of the accident. If it sounds fishy, contact his supervisor. You need the insurance no matter what to pay for your son's medical care.

    Jonathan S. Willett
    jwillett@willettlaw.net

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