Legal Question in Personal Injury in California
Hit And Run
I was the victim of a hit and run( a car hit me on my bike) and i was injured.
well the guy was charged and went to court and his lawyer called me and asked if i was willing to settle for $500, i said fine and I had to sign a paper when they paid me. well the day after court i get a bill from the hospital for $1300 then a couple of days later his insurance company called me she said she was getting ready to close the file but wanted to talk to me first and i told her about the bill , she said she was prepared to offer me another $500 without seeing the bill. she also said that her client wasn\'t at fault and my question is why would an insurance company offer me money if thier client wasn\'t at fault
5 Answers from Attorneys
Re: Hit And Run
More than likely, the paper you signed was a release of all claims. If it were just a release for the damage to your bicycle, the insurer might still be obligated to pay your medical bills and pain and suffering. It all depends. -Robert F. Cohen, Esq.
Re: Hit And Run
Even when parties feel they're not at fault, they sometimes prefer to pay an amount to settle the case instead of spending money to defend themselves.
Re: Hit And Run
Thank you for your inquiry.
The other party's attorney might have been attempting to settle to help in the criminal case, from what you've stated. The insurance company would want you to settle to release their insured from all future claims, in case you want to sue. They might offer money just to avoid having to go through a lawsuit to determine liability, and hire (and pay for) attorneys. They are not going to admit liability unless they have to, but there are other reasons why they might pay.
I hope that this helps, but if you need more information, have other questions, or feel that you need legal representation, please contact me directly at [email protected]. I�m happy to help in any way that I can.
Re: Hit And Run
An insurance company offers money because their insured is at least partially at fault. The criminal defense atty and the ins. co. are looking out for themselves and the other driver--not you. So they'll offer money to get you to sign a release to protect the other driver. But did you sign off too soon? You always want to get all your bills first, review any police reports, talk with any witnesses and maybe talk to your own atty before making a final settlement. Your claim may have been worth more than $1000. Did you sign a full release with the other atty? If you did not and did not sign an ins. co. release and are in the Orange County area, call me for a free consultation to see what your best options are. Sam Eagle 714-963-5123
Re: Hit And Run
The answeer of the others covers your situation.