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March 8, 2013
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Filing lawsuit for medical expenses

Two brothers are now engaged in frequent quarrels over a motor-vehicle accident which took place in 2010.

According to one of the brothers, he was injured in the accident and was admitted in hospital for two days. He said his left leg was broken and he had to be paying all the medical expenses.

He said his brother's car was not insured at the time of the accident, so he cannot make any claim against an insurance company.

"My real problem is that, each time I ask my brother to assist me with the medical expenses, we end up having a serious quarrel," he explained.

"My brother thinks I am being unfair, because I was the one who had asked him to take me to visit a friend. When I asked him to give me a ride, I had no idea that his car was not insured. He had been driving the car for months without an insurance before the day of the accident.

"He was going around a corner when the car got out of control and crashed into a light post. Fortunately for him, he was not injured, but I was the unfortunate one.

"Now, I really cannot understand why he is blaming me for the accident. My brother is a grown man. He is 35 years old and should know of the dangers of driving an uninsured car. He has complained to our mother that I am pestering him for money. My mother seems to be taking his side, because she hardly speaks to me.

"All my savings are spent in medical expenses, because I am a farmer and I could not work during the time when my leg was healing. My brother, who has two minibuses which operate on a daily basis, has never paid one of my medical expenses. He can more than afford to assist me, but he has just refused.

"One of my brothers suggested that I should take him to court over the matter. My real problem is that I am not sure if I will be compensated, since the car was not insured," he said.

The fact that the motor car was not insured at the time of the accident does not prevent you from filing a lawsuit against your brother to recover your medical expenses. You must bear in mind that the lawsuit must be filed within six years of the accident. The law states that, if six years have elapsed from the time of the accident then you cannot sue him.

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