Can my brother sue the city for being hit by an uninsured motorist whileat a bus stop?

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Can my brother sue the city for being hit by an uninsured motorist whileat a bus stop?

My brother was sitting in a bus stop waiting for the bus when a truck ran into the bus stop and injured him causing numerous lacerations. The driver fled the scene, but was later caught by police. The motorist was uninsured. Can he sue the city for medical payments as he now has a $1500 bill?

Asked on June 28, 2011 under Personal Injury, Arizona

Answers:

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

Answered 10 years ago | Contributor

Your brother can sue the city for negligence based on the injuries he sustained at the bus stop.  Prior to filing a lawsuit against the city, the city may require filing an administrative claim.  The city may deny the claim which is standard operating procedure, and after the claim has been denied, your brother can then file his lawsuit for negligence against the city.  Your brother cannot miss the filing deadline for filing the administrative claim against the city or his subsequent lawsuit for negligence may be barred.

Your brother should obtain his medical bills(as he already did), medical reports and documentation of any wage loss.  In a lawsuit for negligence, compensation for the medical bills is straight reimbursement.  Compensation for wage loss is also straight reimbursement.  The medical reports will document the nature and extent of your brother's injuries and will be used to determine the amount of compensation your brother receives for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.

Prior to filing a lawsuit for negligence, it may be possible to settle the case with the city's insurance carrier.  If your brother is dissatisfied with settlement offers from the insurance carrier, he should proceed with his lawsuit for negligence.  If the case is not settled, your brother will need to file his lawsuit for negligence prior to the expiration of the applicable statute of limitations or he will lose his rights forever in the matter.


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