My daughter was in a vehicle with a neice of mine. she ended up in hospital. Has cost a lot of financial and emotion stress, can i sue insurance company wihout suing sister?
2006-09-02 14:40:47 · 14 answers · asked by lmbell139 2 in Business & Finance ➔ Insurance
We don't even know what type of coverge you have. Who's car is it? You have left out too much information.
2006-09-02 14:47:42 · answer #1 · answered by Nelson_DeVon 7 · 0⤊ 0⤋
Years ago, my brothers were in a serious car accident driving my sister's car. My older brother was killed, and my younger brother was severely injured. (It's been 23 years; it doesn't 'hurt' anymore).
My brother had to sue the insurance company, who turned around and sued my sister -- I can't remember all the details, but I do remember that in order for David to have been covered, he had to sue my sister through the insurance company to get covered.
This was in California, and it was 20+ years ago. You need to check with the insurance commissioner in your state to be sure of laws, but if you do sue the insurance company, it will most likely come back on your sister. Tell her this in advance so it doesn't create a war at a time where there needs to be extreme peace.
Good luck, and I hope and pray that your daughter and neice are okay.
Rebecca
2006-09-05 08:51:38 · answer #2 · answered by Rebecca 7 · 0⤊ 0⤋
You will not need to sue the insurance company unless they do not offer a fair settlement in your opinion. Depending on what state the accident took place, the medical bills will be paid either by your niece's insurance policy, or it may be filed under your insurance policy (assuming your daughter does not have her own currently). Some states do not require medical coverage for you and passengers in your vehicle, so it is possible that there would be no coverage afforded to pay your daughter's medical bills. Presuming that your niece's or your own insurance policy covers the medical bills, those bills will be paid up to the policy limit. In the event the medical bills exceed the amount the policy covers, then you need to sue your sister or the other at-fault driver. Also, some states do not cover pain and suffering under the auto policy, so that would need to come out of the at-fault driver's pocket by means of a civil lawsuit.
2006-09-02 15:04:38 · answer #3 · answered by Rexy 3 · 0⤊ 0⤋
You can sue whoever you want, but it doesn't mean you will collect.
If the insurance company did something wrong, like denied coverage when there was coverage or refused to pay when due, you might have a case against them. But your real case is against the driver and possibly the owner of the car for negligent entrustment.
Give the insurance company a chance to settle with you. Tell them what you want for your daughter, medical bills, lost wages, a settlement for pain and suffering, money for a scar or permanent disability, and give them a chance to offer you something reasonable if you really don't want to sue your niece.
2006-09-03 06:15:38 · answer #4 · answered by C R 3 · 0⤊ 0⤋
No, not unless the insurance company HIT her. You sue the person who hit her, AND you sue the owner of the CAR who hit her. The insurance company will probably pay out the policy limit, then walk away - and if there's a real judgement above the policy limit, the sister will have to write the check.
2006-09-02 15:11:50 · answer #5 · answered by Anonymous 7 · 0⤊ 0⤋
You would want to make a claim against the at fault party. Your daughter, being a passenger, is unlikely to be found at fault for the accident. Unless of course she grabbed the wheel and caused the accident. Your daughter is entitled to a fair settlement that would compensate her for her injury. If you make a claim against your niece, thus her insurance policy they will need all of the reocrds pertaining to medical treatment received in relation to the accident. As far as getting a lawyer goes, just remember they usually get 1/3 of the total amount awarded. It's a lot to think about, but just keep in mind whoever is at fault for the accident is responsible for compensating your daughter for her injuries and any lost time from work, if applicable.
2006-09-03 02:34:52 · answer #6 · answered by bbumple 2 · 0⤊ 0⤋
File a Notice of Claim against your niece, unless she is under 21. In that case file it against your sister. Their insurance company will (hopefully) pay for the damages. Make sure you know ALL of the costs involved before you progress from a Notice to an actual lawsuit. SEE A LAWYER before you do anything
2006-09-02 14:55:24 · answer #7 · answered by ? 6 · 0⤊ 0⤋
You've got no reason to sue the insurance company. They didn't cause the accident! You have to sue the person who was at fault in the accident.
2006-09-02 14:43:20 · answer #8 · answered by dcgirl 7 · 1⤊ 0⤋
I think you would have to sue your niece because it would be her insurance. But if she had good insurance it should cover the passangers in the vehicle. Good luck and I hope your daughter is getting better.
2006-09-02 14:47:26 · answer #9 · answered by gymfreak 5 · 0⤊ 1⤋
yes---if it's covered and they take their sweet time then you can sue them...but remember that to sue also costs money....so you have to figure this out
what part of the U.S.A are you in...i know a couple good lawyers
2006-09-02 14:43:56 · answer #10 · answered by christiansareawesome 4 · 0⤊ 0⤋