What to do if a driver pulled out in front of my son’ s motorcylce but the other driver’s insurance company will not pay out on the claim?

My son was traveling 40 in a 35 mph zone and a truck made a left turn in front of him and he hit the rear passanger side of the truck. My son got a deferred speeding ticket the the other driver got a failure to yield ticket. The other driver’s insurance company has said my son was at fault is will not pay out on the claim. My son did not have insurance coverage on his vehicle. What recourse does my son have in getting the insurance company to payout?

Asked on August 18, 2012 under Accident Law, Montana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You would have to sue the other drive and prove in a court of law: 1) that the was negligent, or careless (the ticket will help); 2) the carelessness caused the damage to your son's vehicle or injury to him; and also 3) your son's own carelessness (e.g. speeding) was not a significant factor in causing the accident and damage or injury. If you can show this, there should be a judgment, or award, against the other driver, which will be paid by him or the insurer. In the lawsuit, you should name the other driver and, if he was not self-employed, whomever he was driving for at the time.


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