my friend was driving my car and someone hit him deeming my car a total loss. Can he sue for injury and loss of work if i have limited tort?
Total Comments: 9
Posted: Fri Feb 26, 2010 07:37 am Post Subject:
Well, I still have some doubts regarding your query.
If someone else has hit your car, then probably this person is at-fault. What does the police report say?
Posted: Fri Feb 26, 2010 09:40 am Post Subject: Totaled car
In a limited tort policy, the claim for compensation of losses is limited to monetary losses and any non-monetary losses, such as pain and suffering is not compensated unless the injury is "serious", resulting in death or impairment of a bodily function or permanent disfigurement.
someone hit him deeming my car a total loss
It seems that the other party is at-fault here. So, why should they sue you?
Posted: Fri Feb 26, 2010 12:55 pm Post Subject:
It seems that the other party is at-fault here. So, why should they sue you?
Oh Veronica. Here we go again :roll: The OP is asking can the person who was driving their car sue them.
OP your friend could sue you for anything, but your insurance carrier would cover him in this situation.
Posted: Sat Feb 27, 2010 02:17 pm Post Subject:
I think what the OP is asking..is since the vehicles policy (which covers the driver) is a limited tort policy can the driver sue the at fault party since the vehicle has limited tort...
In most cases no..but this would be state dependent...
couple of questions and we can be of great assistance.
What state are we talking about?
Does your friend also have a vehicle of his own (and therefore insurance)?
The OP is asking can the person who was driving their car sue them.
I'm not getting that (for sure) Trench..the OP just asks
Can he sue for injury and loss of work if i have limited tort?
doesn't say sue the OP...in limited tort you basically 'give up' your right to sue the at fault party...in most cases, with some exceptions...I think that's what he's wanting to know.
Posted: Sat Feb 27, 2010 06:45 pm Post Subject:
I'm not getting that (for sure) Trench..the OP just asks
I am gathering that the OP when he/she asked,
Can he sue for injury and loss of work if i have limited tort?
"He" being the friend driving the car. The OP stated that someone hit her car while the friend was driving resulting in it being totalled. The friend would be covered under her policy, the other driver (at-fault) could not be sued by the driver as far as I know.
Posted: Sat Feb 27, 2010 11:32 pm Post Subject:
The friend would be covered under her policy, the other driver (at-fault) could not be sued by the driver as far as I know.
right that's what I said..but you said,
The OP is asking can the person who was driving their car sue them.
How could the friend, who was driving the OP's car sue him? The friend is an 'insured' driver under the policy with permission to drive...so he would in effect be sueing himself..
OP your friend could sue you for anything, but your insurance carrier would cover him in this situation.
How could his friend who was driving his car, sue him? The carrier would be representing both of them..the OP as the insured/owner, friend as the driver...the driver could not sue the owner.. :?
the other driver (at-fault) could not be sued by the driver as far as I know.
In a limited or non-tort contract only..otherwise, (like in the mighty MO) he certainly could, and likely would :roll: :D
Posted: Sun Feb 28, 2010 03:56 am Post Subject:
How could the friend, who was driving the OP's car sue him?
Yes that's what I was asking :lol: :lol:
Posted: Sun Feb 28, 2010 12:50 pm Post Subject:
Who's? on first? Anyone, anyone?
Posted: Sat May 26, 2012 01:48 pm Post Subject:
a friend of mine borrowed my car got into wreck the other person was injured pretty bad the wreck the police report said fault could not be determined the other person who was injured has low suit against insurance they want settel out side of court asking for more money then my insurance company would offer my friend don't have anything for injured person to take in law suit can injured person sue my personally i'm worried that my house and saving account might be taken away from me
Posted: Fri Feb 26, 2010 07:37 am Post Subject:
Well, I still have some doubts regarding your query.
If someone else has hit your car, then probably this person is at-fault. What does the police report say?
Posted: Fri Feb 26, 2010 09:40 am Post Subject: Totaled car
In a limited tort policy, the claim for compensation of losses is limited to monetary losses and any non-monetary losses, such as pain and suffering is not compensated unless the injury is "serious", resulting in death or impairment of a bodily function or permanent disfigurement.
someone hit him deeming my car a total loss
It seems that the other party is at-fault here. So, why should they sue you?
Posted: Fri Feb 26, 2010 12:55 pm Post Subject:
It seems that the other party is at-fault here. So, why should they sue you?
Oh Veronica. Here we go again :roll: The OP is asking can the person who was driving their car sue them.
OP your friend could sue you for anything, but your insurance carrier would cover him in this situation.
Posted: Sat Feb 27, 2010 02:17 pm Post Subject:
I think what the OP is asking..is since the vehicles policy (which covers the driver) is a limited tort policy can the driver sue the at fault party since the vehicle has limited tort...
In most cases no..but this would be state dependent...
couple of questions and we can be of great assistance.
What state are we talking about?
Does your friend also have a vehicle of his own (and therefore insurance)?
The OP is asking can the person who was driving their car sue them.
I'm not getting that (for sure) Trench..the OP just asksCan he sue for injury and loss of work if i have limited tort?
doesn't say sue the OP...in limited tort you basically 'give up' your right to sue the at fault party...in most cases, with some exceptions...I think that's what he's wanting to know.Posted: Sat Feb 27, 2010 06:45 pm Post Subject:
I'm not getting that (for sure) Trench..the OP just asks
I am gathering that the OP when he/she asked,
Can he sue for injury and loss of work if i have limited tort?
"He" being the friend driving the car. The OP stated that someone hit her car while the friend was driving resulting in it being totalled. The friend would be covered under her policy, the other driver (at-fault) could not be sued by the driver as far as I know.
Posted: Sat Feb 27, 2010 11:32 pm Post Subject:
The friend would be covered under her policy, the other driver (at-fault) could not be sued by the driver as far as I know.
right that's what I said..but you said,The OP is asking can the person who was driving their car sue them.
How could the friend, who was driving the OP's car sue him? The friend is an 'insured' driver under the policy with permission to drive...so he would in effect be sueing himself..OP your friend could sue you for anything, but your insurance carrier would cover him in this situation.
How could his friend who was driving his car, sue him? The carrier would be representing both of them..the OP as the insured/owner, friend as the driver...the driver could not sue the owner.. :?the other driver (at-fault) could not be sued by the driver as far as I know.
In a limited or non-tort contract only..otherwise, (like in the mighty MO) he certainly could, and likely would :roll: :DPosted: Sun Feb 28, 2010 03:56 am Post Subject:
How could the friend, who was driving the OP's car sue him?
Yes that's what I was asking :lol: :lol:
Posted: Sun Feb 28, 2010 12:50 pm Post Subject:
Who's? on first? Anyone, anyone?
Posted: Sat May 26, 2012 01:48 pm Post Subject:
a friend of mine borrowed my car got into wreck the other person was injured pretty bad the wreck the police report said fault could not be determined the other person who was injured has low suit against insurance they want settel out side of court asking for more money then my insurance company would offer my friend don't have anything for injured person to take in law suit can injured person sue my personally i'm worried that my house and saving account might be taken away from me
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