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What kind of lawyer do i look for to help with a personal injury claim against us

Santa Fe, NM |

on august 28th 2013 my son (9) the driver and daughter (15) were riding a atv (which is not ours) on a forest rd when they rounded a curve in the rd met up with 4 pedal bicyclists and one of them fell from his bike and claimed that his shoulder was hurt he took my auto insurance info and now i have a letter from his insurance asking for my sons insurance information. There was no physical contact between the bicyclists and my children. I am not sure how to answer their letter and need a little advice. Thank you

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Attorney answers 5


Turn it over to your insurance carrier to resolve


Homeowners insurance may be helpful.

The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the Commonwealth of Pennsylvania and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.


Call your homeowner's insurance carrier. I doubt they'll cover the loss, but I don't think you have any other coverage available to you.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


Maybe your auto insurance

Please do not confuse the casual and impersonal exchange in this or any legal chat room with entering into an attorney-client relationship. If your situation warrants formal legal assistance, you should begin the process of hiring Mr. Aarons at or another lawyer to consider all of the relevant facts and law in your case.


As the other esteemed counsel have pointed out, you may look to your auto insurer or homeowners insurer to cover the claim. But at this point, it doesn't sound like the bicyclist has any real right to recover money from you. What would be his theory of why you are responsible for the fall? At this point, you may be best off to simply do nothing and hope that he goes away. If he does ultimately sue you, you will want to try to get one of your insurers to provide your defense. If they refuse to do so, consider retaining a lawyer on your own. See if you can negotiate flat fee representation.

Samuel Cohen

Samuel Cohen


I think the problem with this approach is that it gives the carrier an opportunity to deny coverage due to a breach of duty to timely report.

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