Legal Question in Personal Injury in California

Hello,
I was riding my bicycle, and was hit by a car. The guy took off, leaving me on the side of the road. There is a police report and I rode to the ER to be checked out. I was injured with rode rash and a banged up shoulder. I'll start PT in a week and I'll be fine.
So I get a call from the insurance company of the guy that hit me. And they will pay a claim when the investigation is complete if their guy is a t fault. Turns out my insurance is from the same company.
I plan on filing charges on the guy. He has shown some very bad judgment.
I'm not sure if I should get a lawyer involved. I'll rehab my shoulder and I'll be be fine. I know they will pick medical, property damage.
If we can't come to terms, what are my rights?
Thanks
Russ Borden

Asked on 2/25/11, 8:06 pm

3 Answers from Attorneys

Tony Carballo Carballo Law Offices

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Get a lawyer right away. The insurance company adjusters knows a lot more than you about the law and they know how to reduce the value of your claim. Also, what you might think is clearly the fault of the driver may not be so after the insurance company takes your statement and comes up with reasons whey the driver was not 100% at fault. You are entitled to compensation also for pain and suffering and you need someone to advise you as to what is reasonable. You want to get the maximum you can get for your injuries and you want to make sure that when you settle all of your damages, including future medical problems you might have, are considered. The insurance company adjusters are pros and have lots of lawyers that work cheap because of the volume of work given to defense firms. Protect yourself. It is too late once they have already destroyed or diminished the value of your case.

Answered on 2/25/11, 8:55 pm

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Steven Kuhn Steven Kuhn

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You should retain legal counsel right away. Do not sign anything for the insurance company and do not give a statement. Your attorney can maxamize your recovery and you can worry about getting better. Contact us for a free consultaion at www.lawkuhn.com.

Answered on 2/25/11, 9:25 pm

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