Legal Question in Personal Injury in Georgia

My girlfriend got in a car vs. bicyclist accident with my vehicle. The bicyclist's was thrown off the bike and the bike was damaged. Both parties agreed to not involve the authorities, not involve insurance, nor go to the hospital. Only to pay for the bike repairs. I pay for the bike repairs the same day. No police report was filed. Five days later, the bicyclist is looking for my insurance information because of some x-rays he received 2 days after. Do I owe him anything?


Asked on 5/29/12, 5:48 pm

2 Answers from Attorneys

S. Carlton Rouse Rouse & Co., LLC

You have the potential to be liable for his physical injury. Although the cyclist has the burden of proving damages by a preponderance, if proven you would be liable. In most cases, your insurer will end up paying any award. That said, if the injuries exceed the limits of your policy, the cyclist may pursue claims against you personally. You should not require the services of a private attorney. In most cases the attorney provided by your insurer should suffice. Each case is different, so do your best to make the right decision for you and your family.

For additional information, visit us online at: www.rousecolaw.com

Best of luck,

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Answered on 5/29/12, 6:09 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You're girlfriend frankly did something totally stupid. The failure to call the police is always a mistake and leaves open the possibility of a criminal charge against her. The failure to call the insurer and settle on the side also creates some chance that the insurer may refuse to defend her.

At this point, tell her to stop being foolish, call the insurer and make a report. Hopefully they will still defend her, and, unless the claim exceeds policy limits, she won't need her own lawyer. Do not talk further with the cyclist other than to give him the insurance information, and do report it yourself. Do not wait to do it. Call tonight.

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Answered on 5/29/12, 7:13 pm


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