Thanks for the answer :-)
Police were o the scene, and there is a police report.
My hassle is that, having zero assets which can be attached by the sherrif if she does not pay (after we win claim against her) it would be better to claim against brother-in-law if possible. Does he not have any legal liablility for loaning a car to a driver he knew was unlicenced ?
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Unlicenced Driver
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My son was knocked off his motorcycle by a car driven by an unlicenced driver.
She promised to pay for replacement of his motorcycle, and his medical costs, but has not. She has no money, and lives with family, so no assets to attach.
The vehicle she was driving belonged to her brother-in-law, who loaned it to her knowing she had no licence.
Do we have any claim against him ?
She promised to pay for replacement of his motorcycle, and his medical costs, but has not. She has no money, and lives with family, so no assets to attach.
The vehicle she was driving belonged to her brother-in-law, who loaned it to her knowing she had no licence.
Do we have any claim against him ?
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His insurance won't cover an unlicensed driver of his vehicle, and the accident wasn't his fault, even though he did lend her the car. Broke or not, she owes for that motorcycle and medical costs, and she should pay even if she has to borrow the money (from her brother-in-law!) Hopefully this accident was reported to the police when it happened. That's probably how you'll get your money - small claims court with a police report!
Answer Date: 04:55am 09/15/08
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Your son's insurance company should pay for the damages initially and then go after the other party's insurance company for reimbursement. Your son needs to contact his insurance company immediately and speak to a claims adjuster.
Answer Date: 05:48am 09/15/08
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