I got hit by a car on my bike. Can I sue?


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Question:

I got hit by a car on my bike. Can I sue?

Answer:

Yes. As with any other situation where someone else's negligence played a role in causing an accident (and your resulting injuries), if you were riding a bicycle and were hit by a car, you can file a personal injury lawsuit in the local branch of your state's civil court.

But that doesn't mean you should rush to the courthouse steps. As long as you pay attention to time limits for filing a lawsuit (what's known as the statute of limitations), going to court will remain an option for you if you've been injured in a car-bicycle accident. But it's a costly and time-consuming option, so it's one you want to keep in your back pocket for now.

If you were hit by a car while on your bicycle, you can get compensation for your injuries by filing a claim with the driver's car insurance carrier, and reaching an agreeable settlement, without ever having to go to court.

This is called a “third party claim,” and in most states you'll be able to recover compensation for your medical treatment, any lost income, and your pain and suffering in connection with the accident and your injuries. It's the manner in which most personal injury cases are resolved. 

Your best first steps will probably be to:

1) get all necessary medical treatment

2) gather together all the documents and photos that are relevant to your case (medical bills, photos of the scene and your injuries, the police report if one was generated after the accident)

3) discuss your situation with a nearby injury attorney (especially if you're seriously injured), and

4) put together a professional and comprehensive demand letter that you (or your attorney) will send to the at-fault driver's car insurance carrier.

by: , J.D.

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