Q: Is it reasonable (legally speaking) to ask the person driving the motorcycle to pay half of my sister’s medical bills?
My sister (17 years of age) decided to ride on the back of her friend’s motorcycle. I am not sure of his age. He could be 17-19 years old. They had an accident. I don’t think the kid was being negligent. I really don’t know, but he had to brake or turn really quickly to avoid another car. The accident caused my sisters head to hit his helmet. I don’t think she was wearing a helmet herself. Two of her teeth fell out. My mom rushed her to the emergency that night. The next day she learned that my sister had a facial fracture, and that she was going to need immediate surgery. She is also going to need dental implants. For the surgery and the implants, she is look to bank over $11,000 (no insurance). This does not include the hospital visit. Do you think she has a case in asking the man driving (or his parents) to pay at least half? What steps does she need to take? No police report was filed at the time.
*** he is uninsured****
A: She needs to file a claim on the motorcycle owner's insurance policy as soon as is practical.
A:
That's a difficult case. I would presume the car that caused the braking is long gone. If you have that car's info, she may be able to make a claim against that car. If the motorcycle operator was negligent, she could file a liability claim against his insurance. If the other car was the negligent one and you do not have their information, you will not be able to make an uninsured motorist claim due to the "no contact" rule.
You should check both the motorcycle policy and any other auto policy that your sister is a named insured under for PIP coverage. This will provide some coverage (but usually only 2500 or 5000) for medical expenses.
Robert Simmons agrees with this answer
A:
First, she has a claim under his motorcycle policy. Second, she may have a claim under Texas law for what are called underinsured motorist benefits. She may say she doesn't want a claim but I'm sure the kid would rather have a claim on his policy than ask the parents to pay for the teeth, facial fractures.
Also, if another car was involved--and sometimes that's a huge if (i.e. kid says there was, then turns out well it really wasn't) there'd be a case for an uinsured motorist claim but she has to report that if it was within 30 days.
this really isn't d.i.y. time--facial fractures are serious, if they affect the alignment of the eyes she can have vision issues, balance issues--
sorry, this is more than teeth.
Time to contact a member of the Texas Trial Lawyers Assn--they give free consults.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
