A friend couldn't push her own bike out of a dangerous situation. So I pushed it out if the way, started it up and went to park it by my motorcycle, hit gravel and went down. Minimal damage to the bike, however, my leg was injured. $100,000 surgery which all but $7000 was paid by insurance. Can I sue her insurance for medical compensation? Can she sue me for the damage to her bike? No police report filed. Never turned into dmv as accident with bodily injury. Please advise
Call a personal injury attorney ASAP. There may be insurance liability, as well as property damage issues. This is going to be very fact specific, and a attorney will have to review with you in detail. Good luck!
I’m sorry to hear about your injuries. A huge issue I see with the case is whether that road condition (the loose gravel) is one that has caused similar accidents that would implicate a case against the city for improper care or road conditions, or whether it is typical risk that motor cycle riders assume when they ride on the road. Obviously as a rider, you avoid road conditions like this or learn specific maneuvers for these conditions, so it may be a risk you assumed by riding a bike. I know we want to find fault in everything, but I don’t have enough facts to say what exactly cause the fall. Was it user error? Was it something improperly maintained? You can always gather all your evidence and consult with a personal injury attorney in your area. Many of us provide free consults. Good luck!
It is highly doubtful that you will be able to present a claim to her insurance company successfully, as she would have had to have done something wrong or be negligent in some way for causing your injuries.
Also, you cannot sue her insurance company directly, as you have no standing to do so. You would have to sue your friend and her insurance company would defend her. Again, however, it is highly doubtful you would have a claim here, as I don't see how she could be considered negligent for your own actions in using her bike.
She would have a property damage action against you, however, since you took it upon yourself to drive it and attempt to park it. You may want to notify your own insurance company in the event she attempts to sue you directly.
However, having said all that, because you appear to have sustained some serious injuries, I would advise you to consult with a personal injury attorney in your area. You can use the "Find a lawyer" link at the top of the screen for the names of some attorneys near you.
If your friend has medical payments coverage under her motorcycle policy, you may be eligible to obtain payment up to those limits. However, in terms of a liability claim, you will need to establish that your friend was negligent in some manner that caused the injury (assuming the statute of limitations has not expired). You should contact a knowledgeable local attorney for further consideration.
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