If I was hit by a car and the driver agreed to pay for my broken bike, can I still report the accident if she doesn’t follow through with what she agreed?
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If I was hit by a car and the driver agreed to pay for my broken bike, can I still report the accident if she doesn’t follow through with what she agreed?
I was not hurt badly.
Asked on April 16, 2012 under Accident Law, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can report the accident. You should file a claim with the driver's (registered owner's) insurance carrier. Your property damage and personal injury claims are separate claims filed with the driver's (registered owner's) insurance carrier. Your property damage claim would be the cost of repairs or replacement of your bicycle.
Before incurring huge medical bills, verify that the insurance company is accepting liability. 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 driver's insurance carrier should include these items. Compensation for the 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, which is an amount in addition to the medical bills. If the case is settled with the driver's insurance company, NO lawsuit is filed. If you are dissatisfied with settlement offers from the insurance company, reject the settlement offers and file a lawsuit for negligence against the driver/registered owner of the vehicle. If the case is NOT settled with the at-fault party's insurance carrier, you will need to file a lawsuit for negligence against the at-fault party prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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