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

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 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.


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