Legal Question in Personal Injury in North Carolina
An 11 year old bicyclist hit by car
My 11 year old son was hit by a car while riding his bike. The person who hit him was not cited and the police report states that he turned into the traffic and she hit him. The insurance carrier is refusing to pay stating that he is at fault. The same person that hit my 11 year old son this december, also was involved in a collision with my older son in may, she was talking on her cell phone and rear ended him and was found to be at fault. My question is do I have any recourse? The issue of the cell phone never came up in this last case by anyone but me. Having had a previous incident with this person makes me question whether she really was as in control as she should have been but since this was not common knowledge at the time of the later accident it was never addressed by police.
2 Answers from Attorneys
Re: An 11 year old bicyclist hit by car
You are not bound by the report of a police officer not present at the time of the accident or by the mere fact that an insurance adjuster chose to deny the claim. You should speak with an experienced personal injury attorney ASAP. Statutes of limitation are running, so DO IT NOW.
Re: An 11 year old bicyclist hit by car
There are several good questions in there. First off, the fact that the insurer initially denies the claim should not dissuade you. Second, a minor between the ages of 7 and 14 is presumed to be incapable of negligence. This is rather convoluted, but to make a long story short, it makes it much harder for the insurance company (or this driver) to establish that your 11 year old was negligent. Third, the statute of limitations is running on your claim (for medical expenses), but not on your minor's independent claim for pain-and-suffering and other elements of damage. Fourth, I would not get side-tracked into the prior incident, the cell phone etc. Fifth, the absence of a citation is not a big deal, as noted by the other responder. Sixth, you should probably consult an attorney, especially if the injuries are serious.
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