San Antonio, TX asked in Car Accidents and Personal Injury for California

Q: Pedestrian hit while traffic light out

Asking question on behave of someone who got hit by a car crossing a street on a crosswalk while the traffic lights were out. Driver did not stop at the intersection, but did stop after the accident and gave the person that got hit a ride, fully accepting the fault later. After discussing this claim with the drivers insurance, they offer is 5K to cover medical expenses, and possible 10k on top of that (not sure about that, i haven't talked to insurance myself and the person that got hit does not speak good english). there wasn't any very serious injuries besides bruises here and there, pain all over the body for several weeks and whatever else might come with being hit by a car, and the lip required stitches and now theres visible scarring that causes discomfort(such as pain while eating) and would require some kind of cosmetic surgery to get rid of it.

My question - is it worth it to get a lawyer and try to get more out of insurance, or whatever they offer is considered a good deal?

5 Lawyer Answers
Robert Dourian
Robert Dourian
Answered
  • Personal Injury Lawyer
  • Pasadena, CA
  • Licensed in California

A: Given the costs of litigating cases, as a general rule, some permanent, long term harm is necessary to bring in a lawyer. So this case might past that test with the scarring. With permanent injury the damages would or should be worth more than 15K. The problem in answering this question however, is INSURANCE. Is there insurance, and if so, what are the policy limits. That needs to be determined before making any other decision.

Gerald Barry Dorfman and Tim Akpinar agree with this answer

William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: Yes, it's worth talking to an attorney. Consultations are free and your friend may find that he wants an attorney after speaking to one.

Tim Akpinar and Gerald Barry Dorfman agree with this answer

Haleh Shekarchian
Haleh Shekarchian
PREMIUM
Answered
  • Personal Injury Lawyer
  • Beverly Hills, CA
  • Licensed in California

A: It’s important to know when the injury happened and what the other party’s policy limit is. Is the adjuster saying the policy limit is $15,000? Even then an attorney can find out if he was running an errand for an employer and if so you could pursue the employer as well. An attorney can also run an asset search. You should consult with an experienced personal injury attorney ASAP.

Tim Akpinar agrees with this answer

Manuel Alzamora Juarez
Manuel Alzamora Juarez
Answered
  • Personal Injury Lawyer
  • Berkeley, CA
  • Licensed in California

A: Hire an attorney to help your friend. You should at least get a copy of the insurance coverage. Best of luck.

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: It's always good to get a legal opinion when dealing with insurance companies. They don't owe your friend any duties and always want to pay as little as possible. He should consult with an attorney and then he will know exactly what his rights are and a good estimate of the case value. Most times you get more with an attorney then without.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.