What to do if I was hit by a car while riding my bike in a pedestrian crosswalk with a green walk sign?

My rear wheel is heavily damaged. I want his insurance company to pay for a new rear wheel for me. There was no hospital bills involved so I do want compensation for pain and suffering. I know next to nothing when it comes to law. How do I go about all this?

Asked on November 28, 2011 under Accident Law, Washington

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should file a claim for property damage with the at-fault driver's insurance carrier.  Your property damage claim will be the cost of repairs to your bicycle.  

You said there wasn't any hospital bill.  Without medical treatment, you won't be able to get compensation for pain and suffering.  If you were not injured, there isn't any personal injury claim and therefore no compensation for pain and suffering.  If you were injured and get medical treatment from a doctor, when you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claim filed with the at-fault driver's insurance company will consist of these items.  Compensation for medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  Your personal injury claim is separate from your property damage claim.  If you are dissatisfied with settlement offers from the insurance carrier on your personal injury claim, reject the settlement offers and file your lawsuit for negligence against the at-fault driver.  If the case is settled with the insurance carrier, NO lawsuit is filed. If the case is NOT settled with the insurance carrier, you will need to file your lawsuit for negligence against the at-fault driver prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

If your claim is property damage only and it is not settled with the insurance carrier, you can file a lawsuit for negligence against the at-fault driver in Small Claims Court for the damage to your bicycle.  Your damages (the amount you are seeking to recover in your lawsuit) would be the cost of repairs to your bicycle and court costs.  Court costs would include the court filing fee and process server fee.

 


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