How should I claim a hit and run on someone else’s uninsured motorcycle?

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How should I claim a hit and run on someone else’s uninsured motorcycle?

I was in a hit and run accident on someone else uninsured motorcycle; the police were not called. I was sitting at a light turning left and a car came into my lane and hit my right leg. There was no damage to the bike but I’m trying to file a claim on my health insurance, however they have turned it down and said it needs to go through or bike insurance. I have insurance on my bikes and cars. The bike I was on was not insured and I’m now not sure how to proceed to pay for my doctor bill for a broken leg.

Asked on November 5, 2018 under Accident Law, Florida

Answers:

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

Answered 2 years ago | Contributor

Since you were not at fault in the accident, you should file your personal injury claim with the at-fault party's insurance carrier.  Notify that insurance carrier in writing of your personal injury claim.
When you complete your medical treatment, obtain your medical bills, medical reports, and documentation of wage loss.  Your personal injury claim filed with the at-fault party's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault party.
If the case is NOT settled, your lawsuit for negligence against the at-fault party must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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