Legal Question in Personal Injury in California

Re: hit by car

Your friend's opinion certainly counts. Insurance companies can take advantage of people who aren't represented by lawyers. That seems to be what's happening with you. If you were hospitalized, have bills, had pain, etc., and have a damaged bike to show for it (and a friend who saw it happen), that's certainly worth something -- especially in the Richmond District!

Re: hit by car

Your friend counts as a witness. While you can debate the weight of a friendly witness' testimony, and argue bias based on friendship, the simple fact is that a witness is a witness. That said, in the pre-litigation negotiation stage, its not uncommon for an insurer to try and downsize the claim with that type of argument. While you are in negotiation, look at the size of the offer as the guideline for whether you are willing to settle.

Re: hit by car

Id like to meet and discuss this matter with you, the adjuster is not responsible in acting contrary to your interests, in this way.

Charley

Re: hit by car

Its simple: your friend is not independent. Does that affect his or her credibility? Maybe. Is the adjuster going to use that as an argument? Yes. If you don't like the offer, file a lawsuit.

As for the police report, the report itself is not admissible. It is hearsay. However, the officer can testify about what was said to him, what he saw, etc....

Re: hit by car

I'd be interested to know if there were any traffic control devices, ie. stop sign, yield, traffic signal.

Where was the impact of the accident on the vehicle and you bicycle?