Auto Insurance Claims/responsibility

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Expert: - 8/24/2006


Question
Hi,
Thanks for this forum.  My daughter was driving a friends vehicle in Texas, she rolled the vehicle and was badly injured (almost lost her arm).  Who's insurance is responsible?  She had the owners permission to drive the vehicle and the owner was in the vehicle (and not a scratch, thank goodness).  As she is going through a battery of surgeries I thought I would get the facts down so that she can pick the ball up when she is better.  She has full insurance on her vehicle but we are not sure at this point what insurance was on the vehicle that was in the accident.  She is racking up hundreds of thousands of dollars of medical bills and would like to know where to turn.
Thanks much for your response.


Answer
Dear Cindi,

I am sorry to hear about your daughter.  Sometimes it is hard to have kids, isn't it?  Let's hope she has a speedy and complete recovery.

The primay insurance is the friend's insurance.  So you would use it first.  BUT, do not let your daughter's  insurance refuse to open a claim for her.  If they resist, contact your state insurance commissioner  http://www.settlementcentral.com/links.php

It could well be the case that the friend's insurance is insufficient to pay all of her bills and her wage loss.

Thus, for example, should your daughter have Personal Injury Protection (PIP), and the friend maybe has only Medical Pay, then she gets to make a claim for lost wages under her own PIP coverage.

But, FIRST, consider using her health insurance if she has any.  That way you will not run up against the limits of the PIP for total payout authorized.  

Finally, is your daughter a member of your household?  If so, check with an attorney to see if she can get benefits under your own policy.  The downside to announcing that too loudly is that you might expose some chance that your own insurance could be hit for damages to the car or should the friend develop some serious injuries.  So be sure to check that out with an attorney first.

Best wishes to you and to your daughter,

Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com  

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27 years of front line plaintiff`s trial lawyer experience in PERSONAL INJURY INSURANCE CLAIMS. Along with other attorneys and insurance adjusters, we have created a website to help injured people settle their own personal injury claims. With the help from feedback from hundreds of satisfied members, www.settlementcentral.com has become THE AUTHORITY for Internet personal injury insurance claim settlements. I am humbled and honored if people can benefit from my experience and current volunteer work in helping injured people. I hope I can explain things in a manner that is useful for the questioner. If not, do not hesitate to e-mail me and I will take a second shot at it! Best Wishes for your physical and financial recovery.

Experience



Life Experience: 27 years of front line plaintiff's trial lawyer experience

Organizations:
American Trial Lawyers Association
Washington State Trial Lawyers Association

Publications: (Click on Title to Read)
Statute of Limitations
Vehicle Accident
Accident--Adjuster
Demand Letters
Policy Limits

Education/Credentials: J.D. (Juris Doctor) 1977

Awards and Honors: I am humbled and honored everytime I am selected to help injured people. And when people give feedback that they have benefited from my experience and current volunteer efforts, then that is a double honor and award for me.
 

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