by fallinstarzz42 » Mon Oct 11, 2010 03:57 am
I accidently was given the wrong medication from my roomate and then drove. I hit a car in the rearend. Apparently he sustained injuries. His lawyer sent me a letter asking for my insurance adjusters name. It wasn't y car. It was another roomates at the time. But, after hitting that car, I hit a tree and totaled the vehicle. I was taken to hospital and sustained internal bruising on my chest. (air bag didn't deploy)My question is...Could I personally be sued or does it automatically gets taken cared of by the insurance co.? My insurance or hers? (car I borrowed)
Also, am I elgible for any pain and suffering benefits through the insurance co. (many doctor bills and alot of pain)
Also, am I elgible for any pain and suffering benefits through the insurance co. (many doctor bills and alot of pain)
Posted: Mon Oct 11, 2010 06:44 am Post Subject:
I accidently was given the wrong medication from my roomate and then drove.
Is this roommate a care giver? Someone responsible for administering your medication? If not, you have _some_ degree of responsibility for what you put in your mouth. You can certainly file suit against your roommate... but I'd say good luck finding an attorney to handle the case.Could I personally be sued or does it automatically gets taken cared of by the insurance co.
Yes you can be sued. I could sue you. In this case your roommates insurance company (and perhaps yours if you have a policy) will work to settle the case. If it went to court, they would provide you a defense.My insurance or hers?
You need to inform them both! Your roommates policy will probably be primary but your carrier also needs to know so that they can provide you a defense as well.Also, am I elgible for any pain and suffering benefits through the insurance co. (many doctor bills and alot of pain)
You asked this question in another thread:http://www.ampminsure.org/start/about14582.html
Posted: Mon Oct 11, 2010 08:58 am Post Subject:
I guess you have to be responsible for your lack of knowledge over here.
I also think it will be equally tough to put the burden only on your friend's shoulder. It's because of the complexity of such cases that the attorneys probably try to stay off them. Rare chances, one must say.
Posted: Mon Oct 11, 2010 09:17 am Post Subject:
Hi, I'm just wondering if the OP's adjuster will communicate this issue to his roommates adjuster. Should they work hand in hand towards settling this case?
Posted: Mon Oct 11, 2010 03:29 pm Post Subject:
Should they work hand in hand towards settling this case?
Not really. The roommates policy will probably be primary as the vehicle is listed under that policy and the OP should be considered an insured. The OP's adjuster _should_ just monitor the claim and make sure the owners carrier is handling anything. The OP's carrier would be excess. With that said, some excess adjusters would probably close their claim upon confirming that the owners insurance was addressing it as primary. This would not be correct but some adjusters just want to close claims.Posted: Mon Oct 11, 2010 03:46 pm Post Subject:
Suing for "pain and suffering" is not likely a winner in your case. Unless the vehicle manufacturer can be shown to have installed a faulty airbag mechanism. You would have no claim against the person who "intoxicated" you, unless you could prove it was done maliciously (as in your roommate "spiked" your food or beverage deliberately without your knowledge).
As tcope has written, you bear the lion's share of responsibility for what you put in your mouth or voluntarily "ingest". Unless it happened 100% without your knowledge or belief.
"I was accidentally given the wrong medication from my roommate" doesn't bode well for you. Why are your medications confused with those of someone else? Something doesn't sit right with that statement.
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