Visitor Question

Car Hit Boy on Bicycle…

Submitted By: Breana (Eugene, OR)

On July 23rd of this year, my 3 year old son was riding his bike in the street in a very quiet residential area. One of our neighbors came driving down the street and hit him. He only sustained minimal injuries and is doing okay now.

The insurance company is saying that the motor vehicle driver was not at fault because he did nothing wrong. He wasn’t driving on the sidewalk or over a crosswalk. But he did strike my child with his vehicle.

I’ve fought with the insurance company tooth and nail and they wont budge with their decision. The motor vehicle driver is claiming the sun was in his eyes and he couldn’t see and that’s why the insurance company is stating it’s not his fault. Is this a valid argument? Shouldn’t they pay for my son’s injuries?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Breana,

You may be getting unnecessarily upset. The most important issue is the health of your young son. His injuries could have been more serious.

Insurance companies rarely pay any amount of money unless a person’s injuries require medical treatment. Even if they decide to pay it would only be for his medical bills, and then possibly a token amount for his Pain and Suffering.

An insurance company does not pay claims just for Pain and Suffering. To get to Pain and Suffering there first must be medical bills, referred to in the business as “Hard Costs”. Even then the amount paid for Pain and Suffering would be a direct correlation to the amount of medical bills.

From the facts you present fortunately it doesn’t seem your son had to be hospitalized, nor taken to a local clinic or doctor’s office.

That being the case you probably will not get very far with the insurance company. If there aren’t any medical bills they really have no basis upon which to validate a payment.

The legal burden is upon you. The insurance company will take a look at the weather that day, and see if the driver’s story is credible; that the sun, at the time of impact, was aligned so as to be directly in his eyes. If that is the case, the insurance company will then wonder why you allowed your three year old son to be out in the street riding a bicycle while unattended.

From the facts you present it does not seem likely the insurance company will cooperate and offer you any amount of money for your efforts.

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

Best of luck,

Published: August 11, 2011

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