Legal Question in Personal Injury in Georgia

My brother was riding a bicycle to class earlier today, when he ran into the side of a truck because it pulled out in front of him. I do not know exactly who was at fault, but the other party received his information, but he forgot to get the other party's. The police were not called and there was no incident report of it. I was wondering what he can do, he has a chipped tooth that is going to have to be crowned. I was wondering if there was some legal process that we should start, we are trying to track down the other party now. Thanks for your help.


Asked on 10/06/10, 11:54 am

3 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

If your brother has auto insurance, which I hope he does, he may be able to make a claim to pay for his tooth repairs. Otherwise, you will need to find the other party. This is a good lesson for him.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 10/11/10, 12:04 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

I doubt your brother has auto insurance that covers him on a bike. However, what legal action would you start if you do not know who was at fault, or if you don't even know who the other party is? Further, even if insurance companies are involved they will want a police report. What if you somehow find the guy and he denies ever being there, or has a completely different story? It might be a lesson in 1) the normal risks of riding a bike with vehicles, and 2) getting a police report.

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Answered on 10/11/10, 1:57 pm
Ronald Arthur Lowry Ronald Arthur Lowry

Uninsured motorist coverage, a part of your brother's auto insurance (if he elected that type of coverage), could cover this situation if you cannot find the other party. The wreck sounds like the fault of the other party which would be a necessary prerequisite to a recovery. Try your best to find the truck and driver. Call your brother's auto insurer immediately and report this incident. I am assuming your brother is an adult. If he is a minor living with parent(s) all this also applies to the family auto policy as he would be a "resident relative" of the parent who has the policy.

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Answered on 10/12/10, 1:10 pm


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