Delayed treatment after hit and run...

by Jake
(Los Angeles, CA)

I was a victim of a hit and run four months ago, when a vehicle struck me as I was crossing the street in a marked crosswalk. The driver fled the scene. I assumed the driver had no insurance, and I could not afford to go to the doctor, so I did not get treatment at that time.

Since the incident my knee has been in pain. The police recently located the driver and have given me their insurance information. Is it too late to file a claim and/or a civil suit? What are my possible next steps? Thank you.

Visitor Question:
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ANSWER for "Delayed treatment after hit and run...":

Jake (Los Angeles, CA):

From a legal standpoint, it is not too late to file an injury claim with the driver's insurance company. The statute of limitations in the State of California for personal injury claims is two (2) years.

To read California's Statute of Limitations law go here:
California Code of Civil Procedure Section 335-349.4

However, because you did not seek medical treatment at or about the time of the collision, the driver's insurance company will likely deny your claim. They will base their denial on the interim period between the collision and the time of your injury claim. The company will contend your knee injury occurred subsequent to the collision and as a result of a separate incident.

To be compensated will require you to meet your burden of proof. That burden will require medical verification from a licensed physician directly linking your injury to the collision.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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