Local kid got doored and the driver is trying to screw him...

[EchelonLeft]

Dr Lux

They're trying to get him to pay for the door.

If the car party hasn't contacted the kid via lawyer, they are probably trying to scare him into paying.

Get an attorney and that attorney's contact info.

Tell the driver "Contact our attorney."

Dollars to doughnuts, they don't.

If your friend wants a new bike, have the attorney contact them.

[ultraman6970]

What sucks here is that probably a lawyer for this kid will be more than a new used bike.

[zzy]

There is an accident report and a witness, and you/they haven't contacted a lawyer yet? Many will work on spec (receive a percentage of collected amount upon resolution) for a case like this. At minimum the child is entitled to be fully compensated for all documented damages to his bike, clothes, and person (thankfully the latter doesn't appear to be the case).

I suspect coming after the child is an attempt to suppress litigation by 'settling' the claim via mutually agreeing to drop it if the child's parents waive their right to bring their own claim. A lawyer can be invaluable in dealing with insurance companies, who have an army of people whose sole job is to mitigate costs incurred by claims.

[RFC]

I don't know the specific law of the jurisdiction, but it should be easy to find out. If is likely to be either a strict liability issue (parked driver always liable) or a negligence issue (timing -- was the door open for a sufficient period of time to allow a properly observant cyclist to see the hazard and safely maneuver around it?). But that's just law school speculation, which is so much fun!

I have to believe that we have a Cal lawyer here who can answer the question.

Agree that the driver is attempting leverage some settlement. I've been through this. Sometimes they go away and sometimes they might get a lawyer(usually a friend from church who reluctantly agrees to take a few steps for free). The reality is that the actual losses to each side probably don't justify legal fees. Driver's collision insurance should take care of the door (with deductable). Maybe homeowners might cover the kid. First step, parents should talk to their carriers and see if there is any recourse.

The rule of law is a blunt tool and sometimes life sucks and you don't get compensated for loss.

[oldpotatoe]

Originally Posted by ultraman6970

What sucks here is that probably a lawyer for this kid will be more than a new used bike.

Contingency, car driver will pay.

[RFC]

Originally Posted by oldpotatoe

Contingency, car driver will pay.

The problem here is that the damages are, in the great order of things, small potatoes (pun intended). I wonder if the potential damages pot is large enough for anybody to take this on a contingency (which would be a percentage of the amount of money the kid would receive).

[oldpotatoe]

Originally Posted by RFC

The problem here is that the damages are, in the great order of things, small potatoes (pun intended). I wonder if the potential damages pot is large enough for anybody to take this on a contingency (which would be a percentage of the amount of money the kid would receive).

Might be short work for a decent attorney, so at least the kid would get a new bike, the attorney will get compensated, and the driver, or his insurance company, will learn something. The kid/parents won't know till they talk to one(initial chat normally freebie).

[Dr Luxurious]

thanks guys

I sent them the code sec referenced above.
I'll pass along what's been said about whether the door was open/ajar.
I'll see if I can get them to call Saul for at least an initial consult. I think they should turn the tables and threaten a civil suit...

[verticaldoug]

Originally Posted by Dr Luxurious

thanks guys

I sent them the code sec referenced above.
I'll pass along what's been said about whether the door was open/ajar.
I'll see if I can get them to call Saul for at least an initial consult. I think they should turn the tables and threaten a civil suit...

Lawsuits suck the life out of all parties involved (except Lawyers).
No serious injuries, count your blessings and move on.

[unterhausen]

jeeze, no, don't move on. Get an estimate from a bike shop and ask the insurance company where they want the hospital bills submitted. Lots of people report that hiring a lawyer pays for itself. The law is clear.

[RFC]

Originally Posted by verticaldoug

Lawsuits suck the life out of all parties involved (except Lawyers).
No serious injuries, count your blessings and move on.

That true! Take it from a recovering litigator.