My Father was involved in an accident in Florida a few years ago which has got my family in knots. Let me explain - My father was driving the truck, he failed to yield and collided with a motorcycle. The person driving the motorcycle had no insurance and was speeding (and if I remember right, didn't have a drivers licenses). So the officer on scene did not issue a ticket to either because they both were at fault.

The motorcycle driver has since then been in jail for other charges. When he got out of jail, he filed a claim on the accident. The insurance company tried to settle, but that was declined and now the motorcyclist is trying to sue.

My family is concerned that they may go after their assets. Could the motorcyclist really sue? And possibly take assets from my family? The motorcyclist has a terrible criminal record, had no insurance, and was speeding – how can he sue? By the way, neither were seriously injured. Can anyone advise?

First, you need to check the statute of limitations for bringing a suit based on the accident, then it will depend on what the suit is for: personal injury, property damages, etc.... It is possible that the time for suit has passed, so if he sues, plead that the statute of limitations has expired, thus he cannot bring a suit. All that aside, he can sue, but he is not the best plaintiff given the time waiting to bring suit, the criminal record, etc.... I believe the best thing to do would be to go discuss the matter with an accident or personal injury attorney in FL to assess what should be the response if there is a suit, which it may be too late to bring.