Legal Question in Personal Injury in California
My son was involved in an car/motorcycle accident. We are now finding out that the person that hit him on his motorcycle let there insurance lapse. The registered owner of the vehicle was not the driver. Should I contact the registered owner, and can I hold him liable for the repairs, medical cost and time off work.
6 Answers from Attorneys
Yes, you can and you should, but there are things you should know because the case is not so straightforward in your situation.
First of all, you need to confirm that the owner has insurance. Next, you need to confirm that the driver had the permission of the owner to use the vehicle. With that, you have a basic case for registered-owner liability.
A basic r/o case might be enough to cover your son's injuries if they are not serious, but if your son is badly hurt then you will face one more problem: r/o liability is limited by law to only $15,000.00. To get around this limit you must find a way of proving some direct negligence on the part of the registered owner. The most common example is called "negligent entrustment," when an owner lends his vehicle to someone he knows shouldn't be driving (as with alcohol intoxication).
These sorts of cases are more complicated to prove up and often you need the discovery powers that come with a lawsuit. For that reason, if your son has a serious injury, you should hire an attorney right away. Our firm handles cases on a contingency basis, so feel free to call on us if we can be of any assistance: (877) LION-FOR-LAW (546-6367) or e-mail [email protected]
In addition to Mr. Stone-Malloy's excellent questions/suggestions, your son's insurance policy might have a med pay provision, which might cover some of his medical bills. You might want to look into that. If it does pay, however, money recovered from other sources for his medical bills might have to be used to reimburse his own insurance carrier.
There are other legal issues and potential recovery sources that may be identified.
We would need to speak to you on the telephone to discuss the issues. If you would like a free telephone consultation with an attorney, give us a call.
The above answers are very strong ones. I have an office and serve the Compton area, I would be please to come meet with you and your son personally.
Charles Rossman, Esq.
(800)746-5873
I have handled many motorcycle cases. If the liability is clear against the other (uninsured) driver but the registered owner has insurance, the registered owner has liability as well and a claim can be made against that party. If the insurance for your son's injuries is not adequate and if he has both uninsured motorist and under insured motorist insurance coverages they may also apply to compensate him depending upon how serious your son's injuries are. I would be glad to provide a courtesy consultation on these and all other issues if you are interested. However, I hope this helps you. Bob Worth (818) 222-2433
I am probably the top motorcycle accident attorney in the State. You can check out my blog at www.bikerlawblog.com , or my website at www.bikerlawyer.net .
You may call me for a free consultation at 800-816-1529 x. 1. We handle these types of cases all over the State of California.