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The Law & You

ATV Accident | Son was Injured and Other Driver was Drunk | Lawsuit?

The Law & You
May 19, 2020

The Law and You

ATV Accident | Son was Injured and Other Driver was Drunk | Lawsuit?

Haley Blanco: It’s that time once again for “The Law & You”, at home edition. Joining us we have attorneys Greg Fellerman and Ed Ciarimboli.

Greg Fellerman: Welcome!

Haley: Thank you so much for welcoming us into your home!

Greg: (laughs) Welcome to our home. I can’t wait to get out.

Ed Ciarimboli: This is it!

Hayley: (laughs) I know we all probably feel that. Get back to work and get back to regular life. Luckily we still have you every day with us to answer our viewer questions. Let’s get to today’s from Fred in Mountain Top. He says, “I was involved in an ATV accident with another ATV. My son was injured and the other driver was drunk at the time. Can I file a lawsuit?”

Ed: Of course you can file a lawsuit. The question is what are you going to be able to recover. Some ATVs will have their own insurance and some may be covered by homeowners’ insurance. Some may not be covered at all. So it really becomes a question is there a pool of money from you can recover. Do these people have assets? That’s really the question. So yes you can file a lawsuit. Can you make a recovery on behalf of your son? That’s going to be the trickier question.

Greg: The policies have improved. I mean under uninsured motors provisions. It’s very similar to auto, I have three quads and we enjoy doing that so we have insurance on boats and so on. I’m pretty familiar with it. I think most people seem to be carrying it now, because of the speeds and risks inherent with these and unfortunately these accidents happen all the time. So I think when you have an ATV accident, people need to think of things like the exact same thing as when you’re in a car accident. Pick up the phone, give a call, and let the attorneys help you with it because believe it or not, there’s a lot of bike accidents, motorcycle accidents, boating accidents, ATV, offroad accidents. And believe it or not, those vehicles are insured. So don’t think there isn’t coverage. If you’re injured and it’s not your fault, you deserve to get paid.

Haley: If you have any more questions about this or other legal topics, just pick up the phone, give Fellerman & Ciarimboli a call or find them online. If you have questions for “The Law & You”, go to

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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