Injured - The FindLaw Accident, Injury and Tort Law Blog

Scooter or Moped Accident: When to Sue for Injuries

If you drive a scooter or moped, you've probably felt the fear of sitting in the blind spot of a huge pickup or seeing a semi gaining speed in your tiny side-view mirror. And yet, you still drive it because that little hog gets 70 miles to the gallon. But even if you love your scooter, it's hard to avoid the fact that you're more exposed and vulnerable (harder to see), and that an accident could leave you with serious injuries. As you watch your medical bills pile up, it's important to know when you should sue for your injuries.

Insurance Claims First

Once you've dealt with all of the immediate concerns after an accident, you'll probably have to file a claim with your insurance company. Moped or scooter liability insurance is not required in every state, so there's a chance you don't have any. In that case, you would file a third party claim with the other person's insurance. It's possible that this avenue will cover the costs of your injuries and other damages. However, insurance settlements are often not enough to cover all of your costs, lost wages, etc.

Assessing Fault

If insurance doesn't cover everything, you may need to file a lawsuit to cover additional expenses. But first, it's important to assess who was at fault for the accident. For example, if you were injured when you slammed your scooter into a parked car after a St. Patty's Day bender, it's probably not worth suing anyone. In fact, you should probably call a lawyer since you're likely being charged with a DUI.

However, you should consider a lawsuit if someone else appears to be at fault, even if you were partly to blame as well. Although this contributory negligence may reduce your compensation, it probably won't preclude it altogether. It's also important to note that scooter and moped accidents are similar to motorcycle accidents, and most of those are caused by the other driver.

Don't Wait Too Long to Sue

Although you may need to go through insurance first, and you might have to spend some time thinking about whether it's worth it to sue someone for an accident where you were 90% at fault, don't wait too long to pull the trigger. Each state has statute of limitations laws which dictate the amount of time you have to file your lawsuit before you lose that right.

While your mounting medical bills are very real, it's not always clear who was at fault in an accident. Speak with an attorney to get a better idea of your options and the probability of winning your scooter or moped accident lawsuit.

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