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

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.

Western Springs, IL -

Attorney Answers (7)

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Personal Injury Lawyer - Chicago, IL
Answered

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... more
Jeffrey Mark Adams

Jeffrey Mark Adams

Personal Injury Lawyer - Bronx, NY
Answered

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... more
Joseph Younes

Joseph Younes

Litigation Lawyer - Chicago, IL
Answered

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

Jay Paul Deratany

Jay Paul Deratany

Personal Injury Lawyer - Chicago, IL
Answered

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

Judy A. Goldstein

Judy A. Goldstein

Divorce / Separation Lawyer - Mokena, IL
Answered

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.

John Gus Zgourides

John Gus Zgourides

Personal Injury Lawyer - The Woodlands, TX
Answered

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.... more
David B Pittman

David B Pittman

Personal Injury Lawyer - Fort Myers, FL
Answered

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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