What are the options regarding an uninsured motorcyclist who was struck by an automobile?

My brother was making a left hand turn in a controlled intersection when an auto ran the light and struck him. He (my brother) was uninsured and suffered severe injury. His injuries are anticipated to take 6 months or more to heal.

Asked on September 14, 2011 under Personal Injury, Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your brother needs to go and retain a personal injury attorney or at least to speak with one on a consultation basis.  The consultation should be free.  When you say that it was a "controlled" intersection do you mean controlled by a light that has a turning arrow?  Did your brother have the right of way?  Were there witnesses to the occurrence?  His being uninsured has nothing at all to do with the issue of negligence any more than not having a license to operate the motorcycle has anything to do with negligence as well.  Neither are what is called an "indicia" of negligence meaning not having it means you were negligent in some way.  Get help.  Good luck.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Since your brother was NOT at fault in the accident, the fact that he was uninsured is irrelevant.  Your brother can file property damage and personal injury claims with the insurance company for the at-fault driver.  The property damage is usually resolved early in the case and will provide compensation for the cost of repairs to the motorcycle.

When your brother completes his medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary which means no further improvement is anticipated, your brother should obtain his medical bills, medical reports, and documentation of any wage loss.  Your brother's personal injury claim will consist of these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of the injuries and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  If your brother is dissatisfied with settlement offers from the  insurance company, he should reject the settlement offers and file a lawsuit for negligence against the at-fault driver.  If the case is settled, NO lawsuit is filed.  If the case is NOT settled, your brother will need to file his lawsuit for negligence against the at-fault driver prior to the expiration of the applicable statute of limitations or your brother will lose his rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.