My son was driving his motorcycle on the main road when a car on the turning lane turned and cut right in front of him. My son ended up in the hospital with a broken arm, which they needed to put a steel plate from his elbow to his shoulder and facial fractures. The thing is that my son did not have insurance and the driver of the other vehicle provided insurance at the time but was not valid. So there is no insurance from either party. What can be done to take legal action? My son had heath insurance, which helped him some but he had to pay the deductibles, is left with injuries for life, has a damaged motorcycle which he still owes and needs rehab which he can't afford to pay out of his pocket. He is going through hell. Please help.
You should contact a local personal injury to help you. I suggest you go to the Texas Trial Lawyers Association website (ttla.com) to find a good personal injury lawyer in your area. Don't just call the guy who has the most TV commercials. You really need a good professional to help you. You would not remove your own appendix. Do not try to handle this yourself. You should be able to get a free consultation with a lawyer and you should owe no fee unless there is a recovery for your son.
Paul F. OliveriPersonal Injury LawyerNew York, NYNY licensed ·
In New York, where I practice, there is available insurance coverage (subject to certain exceptions) in incidents involving uninsured motor vehicles. I suggest you immediately consult a local experienced personal injury lawyer. Perhaps (although I don't know the laws of TX) there are available legal remedies. The consultation with a qualified personal injury lawyer is customarily without obligation and without cost. Lots to potentially gain, nothing to lose. This site's "Find a lawyer" feature is a good place to find a lawyer to speak to you. Best of luck to you and your son.
You cannot collect money a person does not have. If the other driver is "judgment proof" meaning they do not have any non-exempt real estate or personal property that could be seized to pay a judgment, then even if your son sues and wins, he would be unable to collect on the judgment. In my experience people who don't have enough money to pay for even basic liability insurance also don't have enough money to pay a judgment for tens of thousands of dollars.
If your son lived with you at the time of the accident, was not an excluded driver and your policy had uninsured motorist coverage, then your UM coverage would likely apply to your son. Unfortunately from what you've told us, other than that it sounds like his chances of collecting his damages are very slim.
Any chance the other driver was in the course and scope of their employment at the time of the accident?
Check with you company about any possible UM or uninsured motorist coverage. Other than that option your son can sue the other driver. Some say well if they don't have insurance they probably can't pay a judgment. So do some homework and check to see online what the other guy may own. You can hire an investigator to do a back ground check and assets check. If any turn up then file suit. Good luck.
