My question involves an injury that occurred in the state of: California
My teenage nephew (minor) was riding his dirtbike through an unincorporated area of town with dirt roads. He drove through an unmarked intersection and was hit by a motorist. He list his foot as a result.
The insurance company of the other driver will not pay for the injuries because the police say my nephew was at fault for refusing to yield and for riding dirtbike on City Streets.
There were no street signs at the intersection. No yield. No oncoming traffic. No signs at all.
The City Streets are dirt roads that are very poorly maintained. In the winter everyone rides dirtbikes because of the condition of the roads in the area.
Is the insurance company allowed to do this? On what basis?
What legal ground would we have to
a) get the insurance company to cover the damages plus pain and suffering as he lost his foot. It will effect him and his future severely.
B) Sue the City for poorly maintaining the area- causing the accident.