Visitor Question

Question about an Uninsured Auto Accident Case…

Submitted By: Suellyn (New Provdence)

I was driving home in the back seat of my brother-in-law’s car at normal speed when two cars racing on the wrong side of the road approached. The 1st skid off the road and as we tried to move away we got hit on left, front side. My husband (aged 27) and son (aged 7) both received broken arms. I got a Frontal Lobe Contusion/Ethmoid Bone Fracture.

My husband was holding our sick and crying daughter in the front seat (both seatbelted) and myself, son and another male passenger were seatbelted in the backseat. We are planning to approach the driver’s insurance company for a cash settlement ourselves and are wondering what rights we have and how much we should demand?

The driver that hit us is not covered by the insurance as it was his father’s car, who is on the policy only. Who do you think is responsible for paying our bills? I think the father’s insurance should pay.

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 Suellyn,

You may have to submit a claim to your brother-in-laws insurance company if the driver was uninsured. Hopefully your brother has a provision for under or uninsured drivers.

Each of you would submit a separate claim not a request for one global settlement since your injuries, medical bills, and recovery periods are likely all different.

As to the father, I would be inclined to force the insurance company to prove that the minor was not on the policy. This seems a little odd.

Usually when there is a minor of driving age, they are included on automobile policies when they still reside in the home.

Furthermore, this does not stop you from pursuing a claim against the other driver that was racing since he/she caused the accident in part as well as the father. There is a theory out there known as negligent entrustment.

This applies when you have allowed someone else to drive your vehicle and they injure another. This is especially prevailing when the minor has been in other accidents because it shows notice and knowledge of his son’s propensity for negligence.

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 3, 2011

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Comments

One thought on “Question about an Uninsured Auto Accident Case…

  1. Many insurance carriers have a provision that states that losses aren’t covered if the vehicle is being used to take part in a crime, like if you crash while in a police pursuit, drunk driving, reckless driving, and yes, racing.

    If the other motorists are determined to have been racing, it’s unlikely that their insurance will cover any losses related to the accident.

    This includes their injuries and property losses, the injuries suffered by you and other occupants of your vehicle, nor the damage to your vehicle/property.

    I don’t have any suggestions for you, but it’s better to know beforehand rather than be surprised if/when this bit of misfortune befalls you.

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