My partner and I were involved in a severe motorcycle accident in Florida. We were riding at the posted speed limit when a car rear-ended us at twice the speed limit with no warning, launching both of us off the bike. I suffered severe road rash, muscular trauma, and spinal fractures and many more injuries. My girlfriend had to undergo emergency back surgery to prevent paralysis and is now facing lifelong injuries and recovery.
The driver who hit us attempted to flee the scene but was stopped by witnesses. The driver was arrested for DUI and possession of controlled substances.
The damage is on the bike is extreme and assessed totaled: rear caved in, wheel split and tire ripped off the wheel, seats ripped off, frame bent. The bike cost around $30,000.
Now here’s where things get frustrating:
• The driver only had $10,000 of auto insurance.
• The driver was arrested for DUI and possession of drugs.
• The drivers insurance took possession of the bike and asked if it’s totaled, but they haven’t confirmed if they’ll pay anything beyond the policy cap.
I want to know how we’ll be compensated for our injuries, trauma, and the property,
What happens when the occupant of the vehicle is broke, uninsured, and a scum to society? What options do we have If the person doesn’t have assets, insurance or money? My partner and I will suffer long life injuries from this.
As far as criminal prosecution, how can we make sure this person gets the extent of the law?
Is there anyone who has been in a similar situation where the at-fault driver was drunk/on drugs, underinsured, and broke? What options do I have? Is there any path forward to getting paid or support for victims in this kind of case?
Thank you for your help in these scary times for us. 🙏
Location: Florida
Comments
In terms of criminal prosecution, you can cooperate with the authorities but ultimately it is up to the DA to prosecute the case.
You should contact your insurance to see what options there are for medical payments, for your passenger at least, and other policy coverages to pay some of the bills.
If you have health insurance that should help cover those expenses generally.
In terms of suing the other party it is a question of letting your insurance do that as if you do there might be no assets to seize (salary garnishment, bank levy, seize property, etc)