QUESTION
Who is liable for his motorcycle personal injury accident?
Asked on Jun 01st, 2015 on Personal Injury - Utah
More details to this question:
My son was riding on his motorcycle when he was involved in an accident. We realized that the person who hit him let his insurance lapse. The driver of that vehicle is not the registered owner. Who must I contact and hold liable for repairs, medical, and time off work? The registered owner?
13 ANSWERS
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Since a car is a "dangerous instrumentality" under Florida law for many decades, the owner of a car is liable for any injuries or property damage that car causes, even if it was being driven by someone else, provided that the driver had the permission of the owner to drive the vehicle.
Answered on Jul 16th, 2015 at 9:04 PM
Lisa Hurtado McDonnell
If the driver did not have insurance and the motorcycle owner did not have insurance the you need to file with your insurance. Let your insurance company go after the non insured driver and motor cycle owner.
Answered on Jul 16th, 2015 at 9:04 PM
Edwin K. Niles
Driver is primarily responsible; the owner is responsible for $15,000.00 max.
Answered on Jul 16th, 2015 at 9:04 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney with details.
Answered on Jul 16th, 2015 at 9:04 PM
In California, the owner of the vehicle is jointly liable with the driver for up to $15,000 in damages. That the driver has no insurance is irrelevant except as to his ability to pay. Contact the owner.
Answered on Jul 16th, 2015 at 9:04 PM
1 Award
Has your son contacted his own insurance company concerning his uninsured motorist claim?
Answered on Jul 16th, 2015 at 9:04 PM
Thomas Edward Gates
Your insurance company will handle that. If your son had no insurance, you can go after the driver and registered owner.
Answered on Jul 16th, 2015 at 9:03 PM
Ronald A. Steinberg
The owner AND the driver. You need a real lawyer.
Answered on Jul 16th, 2015 at 9:03 PM
James Eugene Hasser
Presuming the other driver was at fault and your son was completely free of fault, you would look to the driver of the other vehicle. If there is insurance on the vehicle he/she was driving, it will cover them, presuming they were a permissive driver. Good luck.
Answered on Jul 16th, 2015 at 9:03 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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The drivers are the only negligent parties. If the vehicles have no insurance and the other driver didn't have his own insurance, you can sue the driver, but recovery of any money is unlikely from a financial deadbeat. Motorcyclists don't have to have insurance, but they are crazy not to because of the high and serious injury rate and the high percentage of uninsured drivers in Montana.
Answered on Jul 16th, 2015 at 9:03 PM
First contact your own agent about uninsured motorist coverage, and then call a motorcycle injury lawyer in WV for a free consultation.
Answered on Jul 16th, 2015 at 9:03 PM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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Given the facts you set forth in your question, most likely the registered owner of the motorcycle (if he had valid insurance coverage at the time of the accident since you state that the driver's insurance lapsed) would be the person whose insurance company the claim for bodily injury damages would begin. However, if there is car insurance that covered your son on the motorcycle he was riding at the time he was injured (presumably your insurance) there may also be a claim that can be made with that / your insurance company too. Situations like the one you ask about involving your son are one of the most important reasons we have car / motorcycle insurance for ourselves and why I tell all my clients to be well insured - namely so we can be compensated well when the person that caused the accident is "UI" (Uninsured) and we have to make the claim with our own insurance company. For your son's benefit, immediately contact an injury lawyer to evaluate your case and if taken, represent you in the case without any money coming from you. The reality is car insurance companies jerk people around who are not injury lawyers. As injury lawyers, we represent our clients and help them get their healthcare bills paid and get the best financial compensation they can get on their case.
Answered on Jul 16th, 2015 at 9:03 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Both the owner and the driver are potentially liable. The driver if he was careless, certainly. The owner, if he loaned the vehicle to someone he should have known was a less than careful driver. Since it's the owner who is (now) legally obliged to buy insurance, his failure to do so very likely renders him 'self-insured.' So you have two possible defendants and you can sue both. But the legal doctrine can get a bit hairy. Consult an experienced personal injury lawyer: it's almost always worth it. Good Luck.
Answered on Jul 16th, 2015 at 9:03 PM