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Atlanta, GA asked in Personal Injury and Small Claims for Georgia

Q: Could I get any money from my motorcycle crash?

A car backed into me and hit me and my girlfriend on the back of a motorcycle and fled the scene. I had a friend chase them down and get a good description and their license plate. They caused only a small crack on my motorcycle. Could I still sue? My girlfriend’s back is sore and sore is my shoulder.

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4 Lawyer Answers

A: Yes. You and your girlfriend have a personal injury claim for the bodily injuries you suffered in the collision. If you (or the police) are able to locate the at fault driver and his/her insurance company, you both can bring a claim against that insurance company. If the at fault driver is not able to be located, you may still be able to pursue a claim assuming you and/or your girlfriend have uninsured motorist coverage (UM). UM coverage is optional so there is no way for me to know if you have it until your policy is reviewed. These types of claims can have a lot of moving parts to them so I strongly suggest you contact a personal injury attorney as soon as possible.

James Clifton
PREMIUM
Answered

A: Yes, if you suffered an injury and have sought or seek medical attention to determine the extent and severity of the injury, you can pursue a claim against the driver of the car. If you don't have health insurance, there are doctors that will treat your injuries without payment up front. They receive payment from the other driver's insurance company. If the other driver did not have insurance or does not have enough insurance to cover the full amount of your damages. You can also make a claim through your uninsured motorist coverage on your insurance policy, if you purchased it. It is important to have an attorney assist in these claims, as the insurance companies will not take your injuries seriously without one. Schedule a free consultation today to ensure your injuries are fully compensated.

A: It's possible you could make claims through your insurance, depending on the terms of uninsured motorist protection. If the driver's identity materializes, that strengthens your position. Jurors dislike hit and runs. And if you have a motorcycle owner on the jury, even better. I hope you and your girlfriend are okay. Good luck

James L. Arrasmith
PREMIUM
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Answered

A: You can bring a civil action against the driver for both your bike’s damage and your injury, even if the crack on your fender seems minor. Since you have a license-plate number and witness info, you’ll file a claim for property damage in small-claims court up to its monetary limit, and you can pursue a personal-injury claim in regular court if your medical bills and pain-and-suffering exceed that cap.

Before you sue, make sure you’ve filed a police report for the hit-and-run and gathered all photos, repair estimates, medical records, and witness statements. That report and your evidence will help you identify the driver’s insurance and strengthen your case.

You’ll typically have two years from the crash date under Florida’s statute of limitations to file a personal-injury lawsuit, and one year for uninsured motorist claims if you need to go through your own policy. Acting promptly to notify the court and insurer keeps your rights intact and shows you’re serious about recovering what you’ve lost.

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