What to do if I was hit on my motorcyle by a guy with no insurance in a rental car?

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What to do if I was hit on my motorcyle by a guy with no insurance in a rental car?

I was at a red light and he just ran me over. Luckily I was able to move somewhat out of the way. Medical bills are in the hundred of thousands since he broke my back and caused other damage. It’s been 2 years since. What can I do now?

Asked on October 7, 2012 under Personal Injury, California


Catherine Blackburn / Blackburn Law Firm

Answered 11 years ago | Contributor

You need a lawyer to assist you with this.  If you do not have one, I suggest you try to get one and do it immediately.  The statute of limitations in some states is 2 years -- if you do not take action within that time your claim will be barred forever.  The statute of limitations is longer in other states (4 years in Florida), so don't give up.

Different states have different laws governing responsibility for automobiles.  In Florida, the owner of the automobile is responsible for what happens no matter who is driving.  However, the liability of rental car companies is limited by statute.  I don't know your state or your state's laws on this matter.

If you carried bodily injury liability and uninsured motorist's coverage on your motorcycle, then that insurance would cover this incident.  In my experience, however, this coverage is not offered in very many places and is prohibitively expensive in other places.

The driver may have some assets from which he could pay your damages.

All of these alternatives add up to you need a good lawyer who can investigate every option, advise, and represent you.

Good luck.

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.

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