Legal Question in Personal Injury in California

Hit and run/Assult

A woman rear-ended me in my friends car, I was driving, after I pulled over to get her information she jumped out of her car, ran up to me, and hit me in the face, after this she drove away. I got her plate number, called the cops, filed a report and then had to go to the hospital. Is she reponsible for the medical bills. There was a witness in my car but she is only 4 years old. There are no other witnesses.


Asked on 1/09/01, 4:46 pm

3 Answers from Attorneys

Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: Hit and run/Assult

I note that your question to LawGuru.Com has been directed to me as I specialize in Personal Injury law.

You would need to understand that the injuries resulting from the actual auto collision could be covered by the other driver's automobile liability insurance company. However, the injuries that resulted directly from the physical assault may have to be covered under the other driver's homeowner's or renter's liability insurance coverage. It can be a tricky situation and the auto insurance adjuster from the other company might pick up on that and deny some of your injuries and medical bills under the auto insurance coverage.

If you could not settle your case and the value was $5,000.00 or less, you should consider Small Claims Court. If your case becomes larger, you should seriously consider consulting with a personal injury attorney. If you are in the Orange County area, I would be glad to provide you with an additional consultation at no charge.

Sincerely,

SAM M. EAGLE, ATTORNEY AT LAW, 10101 SLATER AVE., SUITE #218, FOUNTAIN VALLEY, CA 92708

PHONE: 714- 963-5123 FAX: 714- 964-9993

WWW.FIRMS.FINDLAW.COM/EGALELAW007

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Answered on 2/04/01, 5:17 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Hit and run/Assult

Yes she is responsible for your medical bills, car repair bills, lose of use of your car while it is being repaird and pain and suffering due to any injuries you and your child has sustained. I wouldn;t worry to much about proving liability. It may not be as big of an obstical as you may think. Please contact me directly if you have any further questions or would like assistance in this matter.(619) 222-3504.

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Answered on 1/16/01, 12:18 pm
John Bisnar Bisnar & Chase, LLP

Re: Hit and run/Assult

According to the fact situation that you gave, yes, she is responsible for your medical bills. She is also responsible for any lost income, lost ability to work, pain, suffering, humiliation and etcetera. She is also responsible for the battery which responsibility includes all of the above and the law provides for punitive damages.

The witness situation does not become relevant unless and until she denies liability.

John Bisnar, Senior Partner, Bisnar & Chase LLP, Personal Injury Attorneys & Counselors at Law, www.serious-injury-law.com, 800-956-0123, [email protected].

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Answered on 1/15/01, 9:41 am


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