The Chainlink

I was hot by an uninsured motorist about 2 months ago, where I have had minor (but possible long term) medical bills, and about $500 worth of damage to my bike. I went to the court date, sans lawyer, and the guy that hit me had a lawyer. Once my case was called, it was IMMEDIATELY moved up to personal injury court, where we sat for a looonnng time to be called. Once called, the lawyer said he wanted a continuance  because he didn't have any more time to deal with this that day, and wanted an order to have me excused from the next court date. Someone from the court spoke to me after this, took my info, and said I am not going to the next court date. When I asked if that is going to hurt me in anyway, she said "No, the judge saw you here today, and knows you are interested in this case." Does this sound like something I need to obtain a lawyer for? I know my auto insurance will cover me for the medical bills (which, through my own insurance, hasn't been that costly), but not for damage to my bike. Is it worth going after this guy to settle? I'm broke as it is, and don't want to end up in the hole with lawyer fees, but if I'm going to get screwed without one...

Tags: confused, court, hit, lawyer, motorist, uninsured

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"Someone from the court" could have been someone from the motorist's side. Contact your insurance company - they have a vested interest in this case - and ask them what to do: lawyer, back to the other court, etc. I am not an attorney - although I play one on TV - but it sounds like someone was trying to take advantage of you. If it was no big deal, why did the motorist pay for an attorney to show up in court? There are lawyers that specialize in bike cases, like the one advertising on the right hand side of this page. Go get 'em, Tiffany.

I would get an attorney. They take these cases on contingency - meaning they get paid when you win and it comes from the settlement. I found the 30% I paid my attorney well worth having him and his amazing staff handle the hassle of insurance companies.

If it involved court, there is NO CHANCE I would go in without an attorney who specializes in bicycle crashes. Call the Active Trans Crash Hotline for referrals.

we also have two lawyers who advertise here on the c-link, I have met Brendan Kevenides and I can tell you he will be glad to advise you of your options.

Yep, I'd be happy to talk to you any time Tiffany.  312.803.0128.

Michael A said:

we also have two lawyers who advertise here on the c-link, I have met Brendan Kevenides and I can tell you he will be glad to advise you of your options.

Definitely call the Active Trans Crash Hotline(312.869.HELP). They're there to help guide you through what happens next after a crash, and can refer you to a lawyer if that's appropriate for your case (which given what you've said it probably is). Also as Michael pointed out there are several lawyers active on these forms, who are well respected in the bike bike community.

 

P.S.

As in any legal matter, refrain from posting any details about your crash until after the case is settled.

Call an attorney; never go to court without one even for what seems like a simple matter.  Not only others, but the system itself, will trample your rights otherwise.

Most importantly, do not skip a court date unless and until you have a lawyer representing you. You may risk having your case dismissed if you do not show up. Someone was either uninformed or trying to mislead you.

+1

Cheryl said:

Most importantly, do not skip a court date unless and until you have a lawyer representing you. You may risk having your case dismissed if you do not show up. Someone was either uninformed or trying to mislead you.

So this motorist cant afford insurance but can afford to lawyer up. Seems like a class act.

+1. smells fishy to me.

 

and the part about : "Someone from the court spoke to me after this, took my info, and said I am not going to the next court date. When I asked if that is going to hurt me in anyway, she said "No, the judge saw you here today, and knows you are interested in this case.""

 

seems EXTREMELY suspiscious.

 

I would follow all the above advice and keep us posted, thanks

Davo said:

So this motorist cant afford insurance but can afford to lawyer up. Seems like a class act.

Depend on getting screwed and plan accordingly.

Any defence lawyer will tell you that the best thing that can happen for them is to not have the victim show up. This sounds very fishy.



dan brown said:

+1. smells fishy to me.

 

and the part about : "Someone from the court spoke to me after this, took my info, and said I am not going to the next court date. When I asked if that is going to hurt me in anyway, she said "No, the judge saw you here today, and knows you are interested in this case.""

 

seems EXTREMELY suspiscious.

 

I would follow all the above advice and keep us posted, thanks

Davo said:

So this motorist cant afford insurance but can afford to lawyer up. Seems like a class act.

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