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Do I need a lawyer for a relatively minor motorcycle accident?

San Diego, CA |

I was hit from the side by a car that went through a red light. The police report clearly indicates that the other driver is at fault. I have a broken fibula, and probably some ligament damage in my knee. The bike was totaled, but that will be covered by my insurance. I've missed about a week of work (so far). I probably won't take the first offer that I receive from the other insurance company, but what would be a "fair" offer?

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Best Answer

It sounds like your motorcycle accident was more than "minor". I am not licensed in California, but I don't think anybody on this forum could tell you what a "fair" offer would be without knowing a lot more about situation. For example, a "fair" offer would likely need to reflect some relationship with your total or unpaid medical bills, as well as your total or unpaid lost wages. Similarly, a "fair" offer should reflect whether your treating physician believe you have suffered a permanent injury or will be left with any kind of disability or impairment. You would be well-served to consult with an experienced San Diego personal injury lawyer. Most personal injury lawyers will answer your initial questions in a free consultation.

I am licensed to practice in law in Florida, only. Any information or insights that I provide outside of Florida should not in any way be construed as legal advice. For any legal issues outside of Florida, the questioner should definitely seek legal advice from a qualified and experienced attorney in the state in question.


It sounds like you have a serious injury, I recommend you hire a personal injury attorney in the area where you had your accident to determine whether you have a case against the driver/owner of the car. Most personal injury cases are handled on a contingency fee basis, meaning the attorney gets paid at the end of the case in the event of a settlement or other favorable result.

This communication does not constitute legal advice and is provided for informational purposes only as I am not your attorney and you are not my client. Should you wish to obtain legal advice, you may contact my office at (212) 689-4343. This is attorney advertising.


The value of your case depends on many factors. How much are the medical bills? Did you need surgery? Do you have scars? Do you have a permanent disability? How much time will you miss from work? How much insurance does the other party have? Please call me for a free consultation. You can decide if you need to retain a lawyer (949) 370-7488.


Yes, you need to retain a lawyer. Your assessment that the accident was "relatively minor" leads me to conclude that you would likely allow the insurance company to railroad you without the advice of counsel. Don't let that happen.

DISCLAIMER: Nothing herein is intended to be construed as legal advice, and nothing herein is to be construed as having created an attorney-client relationship.


You absolutely need an attorney. This case has SIGNIFICANT value. You are entitled to all of the medical bills paid, lost earnings, pain and suffering (probably the largest component of your damages) and possibly other things. I would contact an attorney IMMEDIATELY prior to giving any information to the insurance company or "taking the first offer." You don't necessarily have to file a lawsuit to get good value on the settlement but, unless they know you have the ability and intent to do so because you have retained an attorney, you are NEVER going to get anything close to full value on the case.

I have two San Diego offices if you would like to consult further about the case. If you are having trouble getting around, I can also send an attorney to meet with you wherever you like. Whether you hire my office or not, please do yourself a service and get an attorney retained immediately. Any delay could prejudice your rights and the value of the case!

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Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.


You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on dealing with many of the issues you are now facing.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

Ryan Hugh Sargent

Ryan Hugh Sargent


The above responses are all very accurate. I am a San Diego personal injury attorney and offer free consultations on all San Diego personal injury cases. You can visit my website for more information or give our office a call for a free consult (760) 707-2721. Even if we don't take your case your consultation is free and with no obligations.


It is difficult to evaluate your case based on the limited information provided. It is always best to consult an experienced Attorney who can evaluate all the facts and help determine your next best course of action.

Search AVVO for an experienced attorney right away.

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