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Should we hire an attorney for my daughter's car/bicycle accident? It was the driver's fault..resulting in a fractured ankle?

Western Springs, IL |

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.

Attorney Answers 7


  1. You should hire an attorney so as to insure that you properly present the claim. You will have only one opportunity to do so. I would be happy to discuss free of charge.

    J. Younes
    (312)802-1122


  2. 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.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  3. 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.


  4. Of course you should hire a lawyer. Be sure to hire a well-respected local personal injury attorney.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


  5. 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
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.


  6. 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


  7. You should consult an attorney in the state where the accident occurred. An attorney licensed in New York will be most familiar with the state laws and be able to try the case if necessary.

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