by Guest » Fri Aug 17, 2012 04:23 pm
My husband and I were traveling in a borrowed car in which did have insurance but we were not on the policy. The cars brakes failed and the vehicle was a standard in which when the emergency brake was pulled the brakes completley locked and threw us head on in to a concrete construction wall at 70 miles per hour. So my question is can you sue that persons insurance for the medical bills and etc?
Posted: Sat Aug 18, 2012 12:21 am Post Subject:
Some states allow it... but you do and really are filing against the owner of the vehicle for his/her negligence in maintaining the vehicle.
Posted: Sat Aug 18, 2012 05:24 pm Post Subject:
Note, you might only need to escalate this to a lawsuit if the vehicle's insurance carrier denies you benefits. I'd start by putting in a claim and see what their response may be. Depending on where the loss occurred, you might be able to recover from the following entities, the vehicle manufacturer, the constituent part manufacturer (i.e. brake, brake pad, brake fluid, etc), the dealer, the repair shop, the last place to have conducted a vehicle inspection, and the owner of the vehicle. I would definitely consult with an attorney to see what your recovery rights may be but also to help identify any medical liens or liabilities that you might incur.
Posted: Sat Aug 18, 2012 09:27 pm Post Subject:
Note, you might only need to escalate this to a lawsuit if the vehicle's insurance carrier denies you benefits.
And if the vehicle owner's insurance company denies the claim, or only pays a portion of your loss, you may also be able to file a claim under your own auto insurance policy's Uninsured Motorist coverage (if you have it, as you should).
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