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Hit a skateboarder that was in the middle of the street on the road

Lake Forest, CA |

I was driving on the road , it was about 6 : 30 it was pretty dark . As I was driving , I saw a skateboarder in front of me in the middle of the street , he was not crossing , he was skateboarding in the middle of the street , on my riverside when I slammed on my brakes and I struck him while I was skidding . Another car saw him in the middle of the street but he was coming the opposite direction . There was at least 8 witnesses . I stopped my vehicle and did not move it at all , called 911 , Police report was taken by sheriff's . He was treated by an ambulance team and was taken to the hospital . Ian very nervous and paranoid , what could be following me next ? I do have insurance and I have already notified them . Should I be expecting a lawsuit ?

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Attorney answers 7


Well, first of all, you did the right thing. Accidents do happen so don't worry too much. As long as there is no death, you will be fine.

Whether there will be a lawsuit or not will depend on seriousness of the injuries. and whether claim is settled by insurance adjuster or not.

Injured person has 2 years from the date of injury to file lawsuit.

Most of the times a person first files a claim with the insurance company. Insurance company assigns an adjuster who tries to negotiate a settlement without filing the lawsuit. As long as you have proper insurance coverage, your insurance company will provide you with the legal help you need.

You must contact a local attorney or obtain telephonic consultation from an attorney to discuss specifics of your situation and get full advise. The information given here is general in nature and does not establish attorney-client relationship.


You did the right thing and your insurance carrier will defend you if, in fact, a lawsuit is filed.

Call for a free consultation at 727-937-1400 or visit us on the Web at


As already stated, you wisely reported this to your insurance company. Should you get a letter or legal papers from the boy's attorneys, and there is at least a 50-50 chance that you will, simply turn it over to your carrier; who will assign defense counsel to represent you. Good Luck.


You did the right thing by stopping, cooperating with the police, and reporting this to your insurance carrier. Let them handle this from here and don't give any further statements that are not authorized by your insurance representatives. They will assign you an attorney if a lawsuit is filed.

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. Any testimonials or endorsements should not be construed as a guarantee, warranty or prediction of the outcome of your case.


Let your insurance company and their lawyer resolve this, and don't lose sleep over it.

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Most unfortunately, you should expect a lawsuit. However, as attorney Alluwallia rightfully answered, your insurance company will try to settle this case. You do not have to worry if you have insurance and the plaintiff settles within your insurance limits. Best of luck.

This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


Let your insurance handle the matter. Most people try to resolve the matter as an insurance claim. If unsuccessful at reaching a resolution then they file suit. Ask your insurer to keep you posted on the status of settlement discussions. If the skateboarder was an adult he will have two years from the date of incident to file against you. If he was a minor he will have two years from his 18th birthday.

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