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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption