Legal Question in Personal Injury in California
I was involved in a bicycle and car collision. I am riding a bike on the bike lane when a car make a right turn toward a parking lot. The police report was inconclusive stating that due to conflicting statement and lack of witness, the police was unable to conclusively determine the party most at fault. My question is, what are the chances of winning if I file a lawsuit for small claims to cover the medical expenses I incurred?
4 Answers from Attorneys
You should not go to small claims without first having a lawyer review your case.
You didn't mention anything about your damages.
If you were not injured, but you bike was damaged, small claims court might be the way to go. However, if you suffered physical injuries beyond a bruise or a skinned knee, then you should consult an attorney.
If you were injured, you can get a free consultation about your case from almost all experienced personal injury attorneys.
Hello. Police report is just one factor in determining liability in an incident like this. But generally, you have nothing to lose by going to small claims court except the small filing fee you would have to pay. It would be a good idea to get medically evaluated first to make sure you don't have bigger injuries than you think you have, before you go to small claims court, where you can only recover a limited amount of compensation. If, for example, an x-ray shows a fracture, or disc bulge or herniation, it would be a very good idea for you to discuss your legal options with an attorney and not limit yourself to a small claims court claim.
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