Visitor Question

Truck Accident Insurance Liability Question…

Submitted By: Shelia (Houston,TX USA)

The situation: Your sister is driving your father’s single cab truck and you and your father are passengers.

While your sister was driving she loses control of the truck and runs into a mailbox and several trees.

The truck is totaled and the father and the middle passenger were injured. The driver and the owner of the truck have their own separate insurance policies. Which insurance handles the injured parties? Thank you.

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 Shelia,

Both policies are “in play”. Those injured parties have a legal right to pursue their claims against the owner and driver of the truck.

Make sure those injured get copies of their medical records. If the police were dispatched to the scene they would have created a report. That report will be the substance of the injured parties’ legal claims for property damage and personal injuries. The police report and medical bills taken together will be the primary documents of negotiation; first with the insurance company’s representatives and then, if necessary, the courts.

If liability is clear there shouldn’t be any problem collecting the insurance benefits. Those benefits will include reimbursement for medical bills, out of pocket expenses, such as prescription and over the counter medications, lost wages, and an amount for pain and suffering.

The fact that there may be two insurance policies available does not limit the injured parties’ benefits. One has nothing to do with another. It is really none of the insurance companies’ business.

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: December 28, 2011

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