Seattle, WA asked in Car Accidents and Personal Injury for California

Q: What should I do, I hit a bike with my car and dislocated my knee cap and they are threatening to sue?

I didn't see the car coming and did a California stop at a 4 way and hit the ladies right side of her car. We filed a police incident and I went to the doctors (haven't seen the bill yet but I'm sure it's a lot) where i got crutches. I couldn't walk for a month. She got her car fixed and it was 1500-1600 dollars. She sent me the bill but I asked her to send me the police incident number as well as a more detailed report of the damage worked on. I also let her know I was injured. Her son contacted me for her where he "demanded" I pay in 3 equal installments otherwise he'll go to small claims court where I'll pay for more. I'm upset because on the phone the guy who contacted me for her said that since I was in college I could pay what I was comfortable with as I don't have this type of money.

3 Lawyer Answers
William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Santa Ana, CA
  • Licensed in California

A: Notify your homeowners/renters insurance, or your parents homeowners/renters insurance. If you don't have that, and don't have money to pay the damages that you caused, then there isn't much of a dispute. You will get sued and, presumably, have a judgment entered against you. You still won't have any money, so they won't be able to collect. Be sure to not put any student grant/loan money in your accounts, since those can be levied. Depending on your circumstances, you might also consult with a bankruptcy attorney to discharge the debt.

You might also consult with a PI attorney over your potential claims. While it seems that you ran a stop sign and have some fault (maybe all of it), cars who have the opportunity to see you cannot run into you simply because they have the right of way.

Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

it sounds like you are primarily, if not entirely, at fault.

you should contact a PI lawyer, who may determine the car is 50% at fault and you could then collect 50 % of the value of the case.

if you have not signed a release there is no agreement.

I would suggest you get a copy of the police report to see what it says.

if it says you are at fault and you don't pay, through insurance you or your family might have, then you will be sued. if it is determined you are at fault there will be a judgment against you and then they can levy on your assets.

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: The other attorneys are correct. First,contact a member of CAOC in the county where it happened. They give free consults. Get the police report. See if there was video of the intersection and get a copy if it's still available. Second, find out if in California your automobile insurance or someone's pays ---in Pennsylvania, the other persons may pay if the cyclist has no insurance. If she got the damage fixed and you are 100 per cent at fault, you need to figure a payment or at least an offer.

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