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AttorneyTom, Attorney
Category: Personal Injury Law
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My son who is a delivery person in Philadelphia

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My son who is a delivery person in Philadelphia ran into someone's car door after they opened it as he was approaching on his Bicycle. The guy is now trying to sue my son for damage to his car. My son owns nothing . My son flew off of his bike during the incident and was hurt but chose to do nothing at the time. Whay can I do . Does this guy have the right to sue my son? There was a police report but I am having trouble getting this. Please help. Thank you , Cindy XXXXXXXX
Submitted: 5 years ago.
Category: Personal Injury Law
Expert:  AttorneyTom replied 5 years ago.
Thank you for the opportunity to answer your question. I am sending this answer to you only a few minutes after you submitted your question.
I'm very sorry to hear about your son's accident, his injury, and the lawsuit. I hope that he's quickly recovering from his injuries. You asked what can be done if your son is being sued for running into another person's open door and whether or not the person has the right to sue your son.
The man does have the right to sue your son, but that doesn't mean he'll win. Your son could even counterclaim that the man was negligent in opening his door and that, in doing so when and as he did, he caused the accident. If your son wins, he may be entitled to compensation for his injuries and damage to his property, while also resolving the issue of liability for damages to the car. If your son's an adult, there's not much you can do other than be a supportive parent, which I can tell you are based on your question. Your son's next step is to retain a personal injury attorney who deals with traffic matters. His attorney may represent him on a contingency basis, meaning that the attorney only gets paid if your son wins and that the attorney is then paid a percentage of what is awarded. I'm sorry that your son is having to go through this and I hope that the matter works out well for him.
Customer: replied 5 years ago.
If my son has made no record of the incident or had taken any pictures at the time of occurance does he still have the ability to counterclaim. Also how can I or Shawn obtain the police report if the police station says they can not find it?
Expert:  AttorneyTom replied 5 years ago.
Yes. His testimony, witness testimony, any video cameras that may have picked it up (city cameras, business security cameras, etc.) can all be helpful, as could officer testimony as to what the police witnessed on the scene. The police report issue is problematic. If they lost it, it may simply be gone. But the officers could still be called to testify.
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