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  1. #1
    Join Date
    Sep 2019
    Posts
    1

    Default Minor Looses Foot

    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.

  2. #2
    Join Date
    Apr 2018
    Posts
    100

    Default Re: Minor Looses Foot

    The insurance company has no obligation to pay anything, unless and until a court rules that the insured was negligent and what the damages were because of that negligence. I won't comment upon the city's liability because I haven't practiced in California since 1994.

  3. #3
    Join Date
    Jan 2011
    Posts
    348

    Default Re: Minor Looses Foot

    Was the dirt bike street legal and did it have plates?

  4. #4
    Join Date
    Jul 2018
    Posts
    2,354

    Default Re: Minor Looses Foot

    Quote Quoting Powerman
    View Post
    My teenage nephew (minor) was riding his dirtbike through an unincorporated area. . . .

    . . .

    The City Streets are dirt roads. . . .
    If the area is unincorporated, then these aren't "city streets."


    Quote Quoting Powerman
    View Post
    Is the insurance company allowed to do this? On what basis?
    Yes, the insurance company is allowed to deny a third-party claim on the basis that its investigation of the facts has determined that its insured isn't liable.


    Quote Quoting Powerman
    View Post
    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.
    We? This doesn't appear to have anything to do with you. Your nephew's parents can sue the other driver. However, what are the limits of the other driver's auto liability policy, and does the driver have any ability to pay beyond his/her policy? Also, your post seems to completely disregard the likelihood that your nephew is at least partly at fault for the accident.


    Quote Quoting Powerman
    View Post
    B) Sue the City for poorly maintaining the area- causing the accident.
    Your nephew's parents can submit a Government Code claim against the city or county and sue if the city/county denies the claim. However, your post does not suggest that the particular road on which this accident happened were "poorly maintained" (that "the area" might be poorly maintained is irrelevant). Rather, your post merely indicates a lack of signage. Even if there was a non-discretionary duty to maintain the roads or put up signage, your nephew assumed some risk by choosing to ride his bike on the road, and your nephew's parents may have been contributorily negligent by allowing him to ride a dirt bike in that area. By the way, how old is this kid?

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