Question Details:He also did not have his license or proof of insurance. He was at fault for running a stop sign and into me. My girlfriend said don't bother with getting a lawyer as he will be taking 1/3rd of any winnings but I don't know what else I can do.
Since the other driver did not have insurance, if you have uninsured motorist coverage, you could file an uninsured motorist claim with your insurance company. Your insurance company will then pay for the repairs to your motorcycle. If you were injured in the accident, your personal injury claim is separate from your property damage claim. When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss. Your personal injury claim will include these items. Compensation for the medical bills is straight reimbursement. Compensation for wage loss is straight reimbursement. The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering which is an amount in addition to your medical bills. If you are dissatisfied with settlement offers from your insurance company on your uninsured motorist claim, reject the settlement offers and sue the at-fault party for negligence. If the case is settled with your insurance company, NO lawsuit is filed by you; however, your insurance company will sue the other driver to recover the amount it paid on your claim. If your uninsured motorist claim is NOT settled with your insurance carrier, you will need to file your lawsuit for negligence against the at-fault driver prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
If you don't have uninsured motorist coverage on your policy, your insurance company won't pay for the property damage to your motorcycle or on your personal injury claim. You will need to sue the at-fault driver for negligence since he is uninsured. After obtaining a judgment against him, you should pursue a wage garnishment to enforce the judgment.