Asked 6 months ago - Western Springs, ILFlag
My daughter was side swiped by a car in New York City while riding her bike. she fell off and injured her ankle...it was the driver's fault and he gave her all the info...insurance, etc . and was apologetic..she was taken to emergency..who pays these bills now..should we call the guys insurance? we haven't heard the insurance co yet? should the lawyer be in New York where my daughter is, or from here where I live. She is in college.
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You should retain a lawyer for your daughter, but since it occurred in New York, it may have to be a lawyer licensed in that state. While a non-NY attorney can potentially assist in an insurance claim, it is wiser to get someone who is fully up to speed on all state nuances and able to bring suit if necessary.
In the meantime, make sure your daughter gets treatment, documents all injuries, and does not give any statements to the insurance company.
The bills may be put through your daughter's health insurance or auto insurance.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Yes. The attorney most definitely should be someone who practices regularly (exclusively) in New York, is qualified to handle bicycle accidents, is experienced in personal injury litigation and has a track record.
Notice must be given to the insurance company for the car that hit your daughter. You also need to give notice to her insurance company if she owns a car; a resident relative, if any; and/or your insurance company if she maintains a residence. Bills are paid by the vehicle that struck her.
Do not let her speak with the insurance company. Good luck.
As an attorney we are not allowed to tell you to "hire an attorney" it is always your decision. However our laws are set up so that. If someone makes a mistake or commits a negligent act then they have to pay for that negligence. Most often drivers of automobiles have insurance for their negligent actions. If the other driver was negligent and was and it was his fault then certainly it would be appropriate for you to retain an attorney to represent you. It is never good to represent yourself or your family member without an attorney. Atty.'s have experience in their particular field of law and can adequately Represent you
This is really a NY matter. Contact your daughter's insurance carrier. They will contact the driver's insurance. Through your carrier, if needed, she will be furnished a NY lawyer. You have time to decide whether you actually need private counsel after seeing how this plays out.
I hope your daughter recovers quickly. She is a very lucky young lady.
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