Letters: Personal Injury at a Friend’s House – ATV Accident

Hey Chandler,

Alright, maybe it’s not that big of a deal, but I don’t know what to do. I went over to my friend’s house to ride four-wheeler ATVs the other day. He lives on a pretty big property out in Morehead. We were having some fun riding around for hours before I was thrown off when we hit a drainage ditch going pretty fast. 

The ATV landed upside down and my leg got stuck under the seat during the quad accident and I ended up bleeding pretty bad. I was pretty shaken up and we were out in the middle of nowhere in the middle of the night, so I didn’t want to go to the doctor to get checked out right away. But now, a week later, I’m stuck in bed with back pain and my leg is driving me insane. I haven’t been able to go to work all week. 

I don’t want to get my friend in trouble or sue him for a bunch of money, but I don’t have any health insurance. Plus, I don’t even know if he has insurance either, or if it’s too late to file a claim. I’ve been asking my friends what to do since the ATV accident, but they all keep telling me I need to talk to a lawyer. Please help me figure this out.

Sincerely, 

All Jacked Up with Noone to Help

Dear All Jacked Up, 

That’s a really tough situation. But, if you need medical care and you don’t have health insurance, you really need to find out if your friend has homeowners insurance or medical insurance for his ATV so that you can file a claim. 

A quad accident can cause serious injuries, even if you don’t notice the symptoms right away. I would reach back out to your friend and talk to them about the symptoms you are experiencing. Explain to them that you think you need to see a doctor and find out what the options are.

You may be surprised and find out that they have a reasonable policy for premises liability where you’re able to easily get them to pay for your care. Or, you could find out that their four-wheeler was unlicensed and not insured and have few avenues for medical treatment.

Above all else, it is important that you come up with a plan for seeking treatment. Even if your friend doesn’t have insurance (which they would be required to carry by law if it were a car), they are still liable for your injuries if they were driving in a negligent or reckless manner.

Based on our experience with handling ATV accident cases such as this, there are also several other points that come in to play.

1)    If there was a defect or dangerous spot in the land (such as the drainage ditch you mentioned), and neither of you knew about it, it could lead to more liability being placed on the landowner than the driver.

2)    Secondly, if there was some sort of defect or maintenance issue with the Four Wheeler, your friend may not be responsible after all, and liability may be directed towards the last person who worked on the vehicle or the manufacturer.

At this point, it is imperative to make sure you are getting the proper treatment for your injuries as mentioned.  If you would like our team to assist you in this process, we would be more than happy to help.

Further, if you would like us to speak with your friend or the property owner that will be no trouble at all.  We generally are able to go straight through the insurance to make sure you are compensated fairly for your medical bills, as well as for your pain and suffering from these injuries.  Our goal is to make this process as smooth and stress-free as possible.

Last, always remember that we offer free consultations, in person or over the phone, for these types of four-wheeler or RZR crashes, and you never pay us anything unless we recover a settlement for you.

Best,

Local ATV Accident Lawyer