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Do I have a case? (Motorcycle accident)

Discussion in 'Auto Accidents, Injuries' started by gilbrock, Nov 27, 2006.

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  1. gilbrock

    gilbrock Law Topic Starter New Member

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    Here are the quick details of my case:

    I was on the freeway on my motorcycle (not speeding). A car in front of me was about to miss an exit so she swerved in front of me, clipped me, and I crashed. I broke my arm and elbow in multiple place and sustained roash rash over parts of my body.

    I was in the hospital for a week, off work for a month, and went through 3 months of excruciating PT. I now have permanent damage to my arm and have been paying off medical bills ever since. I have personal health insurance, which paid most of the bills ($200K), but I have personally paid (or will in coming months) upwards of $5K thanks to the ambulance ride, anesthesiologist, (these are bills that were sent to me directly that my personal health insurance will not pay since they have found out it is an accident) co-pays, prescriptions, PT, medical goods, etc. I am not interested so much in pain and suffering rather getting these expenses paid. P&T however would be something I deserve, I think.

    My motorcycle insurance had no med pay. The woman was covered for only $25K bodily injury, and they have generated a check to send to me once I sign the release. The man who OWNS the car, does NOT have insurance, and I believe is liable through 'vicarious liability'.

    Please let me know if:

    1. I have a case and if I can sue the owner of the car separately for vicarious liability and what my max judgement could be - I think I read it was $15k somewhere.

    2. If I sign the release for the woman's insurance, that I can still sue the owner of the vehicle.

    3. I could just take them to small claims court for $7,500?

    thanks so much,

    Eli
     
  2. seniorjudge

    seniorjudge Super Moderator

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    Find a personal injury lawyer who will give a free initial consult.
     

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