Posted by Matthew Frisby on 4/22/11

More | Report Post

I have a couple, severely injured in a motorcycle on
motorcycle collision. The tortfeasor motorcycle driver
was “test driving” (with permission of the owner) the bike
he was on, immediately following the collision he took off
running – his identity has yet to be determined. Owner of
the tortfeasor motorcycle (through his insurance carrier)
is saying that he did everything he could to ensure the
test driver was qualified to drive the bike (enough,
according to the adjuster to defeat a negligent entrustment
theory.) According to the owner, the only thing he did
wrong is failed to get the identity of the test driver.

Liability carrier is refusing to pay a dime – saying 1) we
cannot get a judgment on the unknown driver therefore
nothing is owed by them and 2) the owner can defeat a
negligent entrustment claim, so sue if we want to.

There is a 250/500 policy and with my clients’ damages we
should get the full 500K.

Assume for a moment I cannot make the negligent entrustment
claim and thoughts on how to get a judgment against an
unknown driver or ideas on how to proceed?

Liability for Unknown Driver - owner of the vehicle known, 4/22/11, by Matthew Frisby.

Personal Injury Chatboard

LATEST POSTS | BY TOPICS | SUBMIT A POST