2.5 years ago, my brother was riding my fiances new(4days old) motorcycle, and got hit by a car. the officer working the wreck found noone at fault, even though she hit him by running a red turning arrow. Jared did not have insurance on the bike, 1) b/c it was still new( he hadn't had the chance to go get the ins) and 2) state of Florida law says it is not required on a bike less that 5,000 unless its financed. My brother, after life flight and trauma unit stay, got a lawyer to handle the bodily injury claim. the ladies insurance company settled for the max of her policy- 25,000 for the bodily injury. They are giving us a hard time about the property damage. Her insurance company sent out an apraiser and he appraised the bike for 5K (Jared paid 4800 for it). They are not wanting to give Jared but 1100 and they want to keep the title due to my brothers negligence and a witness statement. 1) there is no witness statement in the police report and 2) by them giving my brother 25K for the bodily injury, aren't they required to pay the full property damage as well even though the bike doesn't belong to my brother??? wouldn't them giving him 25K be taking responsibilty for the entire accident??? we have a lawyer working in this but it has been 2 years with no luck.... WHAT ELSE CAN WE DO???? my fiance is wanting to sue my brother and I think he needs to be suing the lady that hit my brother...... any input or advice on this situation would be wonderful considering this is putting alot of strain on the relationship with my parents, brother, fiance and myself..... HELP ME PLEASE!!!!!!
2007-08-06 07:57:01 · 4 answers · asked by makelly1979 3 in Politics & Government ➔ Law & Ethics
In Florida and any other State for that matter, if any motorized vehicle can be operated on the roads, city, country or state, you have to have a tag and registration for it. Which means you also have to carry at lease Liability Coverage on it.
Your fiances broke the law by not having the bike covered before he rode it on the open road. He broke it again when he let your brother take it on the open road.
As far as not having a chance to get coverage. That's a bunch of Bull Crap. He owned it for four days?
Sounds like you were damn lucky the other insurance company to pay anything.
I don't understand how your brother didn't get a ticket for operating an uninsured vehicle on the open highway.
If your brother had his own insurance that would cover him while he was operating a vehicle other than his own then you need to contact them. See what they'll do for you.
2007-08-06 08:33:41 · answer #1 · answered by From Yours Trully 4 · 0⤊ 0⤋
If your lawyer has been working on this for 2 years, you must already be a loser in this game. If the bike really was worth 4800 and the insurance company only wanted to pay 1100, you have either a stupid lawyer or there's something wrong with your story.
In the meantime, the lawyer is happy. And if your fiance sues your brother, the lawyer will be even happier.
By the way, have you really been "fianced" for 2.5 years or more? Definitely something wrong with your story.
2007-08-06 08:13:28 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Sue the lady that hit him and name the insurance company as a co-defendant. You will get a settlement more often than not, because it costs the insurance companies more to defend against the claim than to actuall pay it.
2007-08-06 08:00:39 · answer #3 · answered by Anonymous · 0⤊ 0⤋
What are the rules for small claims court? Is 5k low enough in your state?
Take the woman to court without the lawyer if you can.
2007-08-06 08:07:30 · answer #4 · answered by nova_queen_28 7 · 0⤊ 0⤋