What are my options?
UPDATED: Sep 30, 2022
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What are my options?
I was riding a friend’s motorcycle that is insured. I was rear-ended in the middle of a right turn by a man in a truck who was uninsured. I went to the hospital with a broken leg which required 2 surgeries and metal pins/plates. I was charged for a wide right turn which I disputed in court and the charge was dropped. If the owner of the bike I was riding does not have uninsured motorist in the policy is there anything I can do? The man who hit me more than likely has no assets and a minimum wage job to possibly decent paying job. I have over 4 months of down time from this including possible medical issues in the future and a motorcycle to fix. Would small claims correct be a viable choice? Will it matter that it is not my name on the policy?
Asked on March 29, 2016 under Personal Injury, Arizona
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You can sue the at fault driver, though if he has little income and no assets, you may be unable to collect: a court judgement in your favor does not make money appear where there is none. If he has a "decent" wage, though, you may at least be able to garnish his wages and be slowly paid. Unfortunately, he is likely the only one you can look to collect from (the motorcycle owner was not, based on what you write, at fault and so would not be liable), unless the truck was owned by someone other than the driver; if it was, you may be able to sue the owner, too, since a vehicle owner is liable for the wrongful and negligent acts of those he or she lets drive.
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