Visitor Question

She Fell & Broke Her Wrist Getting Out of My Car…

Submitted By: Larry (Siren, Wisconsin, USA)

I gave a person a ride to her car from a party. She was under the influence of alcohol. I parked next to her car. As she was getting out of my vehicle she lost her balance and fell to the ground, causing a broken wrist. As she was getting out of my vehicle she had a plate of food in one hand and a purse in the other. This fall occurred in the parking lot at a bar.

She is trying make me liable for her injuries. Also my vehicle was parked and shut off before she attempted to get out of my vehicle. Can you tell me who has the liability for her injury? Thank you for your time.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Larry,

Typically your insurance company will only accept those claims for which you are actually liable. In this case, it appears that any injury suffered by your passenger was due to her own state of mind (i.e. the fact that she was intoxicated) and general clumsiness.

The best option for you is to allow your insurance company to handle the claim; this is why you have insurance in the first place. If this individual decides to pursue you personally, hand it over to your insurance company. They have attorneys who vigorously defend against denied claims.

From the facts that you have described, it is very unlikely that your insurance will pay anything for this claim.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 6, 2010

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