One neighbour asked me to give her a ride everyday. Yesterday one of my friend told me I'm taking a big financial risk by doing so. He said if we involve in an accident and no insurance can cover the losses, then she has the right to sue me to claim all her losses onto me. Even by signing an affidavit will not waive me from this liability. Is it true? If it is, then I have to end my help to her.
2006-09-15 08:54:27 · 13 answers · asked by coyoteee 1 in Cars & Transportation ➔ Insurance & Registration
If you have insurance you should not be concerned about this. Yes, if you are negligent for an accident the passenger is considered a "guest" and can bring a claim against your liability coverage if injured. Just like the other person you had an accident with, if it was a two or more vehicle loss. With regard to medical bill payment, all of this varies by the state (or even country if you're not in the U.S.), because in some states the insurance on the vehicle for first party coverage pays; in other states she would go back to her insurance company to get her bills paid. But as far as pain and suffering claims against you, yes she can make one. I doubt that a waiver of that right would be enforceable if you made her sign something.
She probably wouldn't sue you unless you were uninsured (let's not forget if she has uninsured motorist coverage on her own vehicle-if she has one- she can probably go there instead).However, when accidents happen, if the person won't settle with the insurance company and a suit has to be filed, you are the person named in the lawsuit and against whom it is filed; in reality your insurance company provides your defense, but it's required in court that the person who is the defendant is named, so yes, you could still be sued.
There are so many variables here depending on the state and other considerations, but in general, that's what you're up against.
2006-09-15 10:34:50 · answer #1 · answered by Chris 5 · 0⤊ 0⤋
OK, for starters it depends on what kind of insurance you have. Each level of insurance has different levels of coverage for passengers in the vehicle, you just need to check on that. Obviously full coverage has more coverage, but even if you dont have full you should still be able adjust the coverage percentage on your plan.
And no offense, but signing papers and whatever else you did is just stupid, if you are seriously that paranoid of stuff like that and want to waste your time/life worrying about everything, you are going to have the most boring un-eventful life ever. Plus thats really mean to tell her yes and then turn around and say "im sorry i cant drive you anymore because im afraid if i get into an accident your going to sue me for evrything im worth". Real nice.
2006-09-15 09:17:03 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Well, he's right that an affidavit means nothing. And she can sue you regardless of whether or not you're at fault for the accident, but here in the US, anyone can sue anyone else for anything. It doesn't mean they'll win the suit.
Even if someone else is at fault for the accident, if they're uninsured, she'll be able to collect under your policy. So, she may or may not be able to get a judgement that you're at fault for her damages, but a real possibility that she can collect under your policy.
You're better off taking turns driving - that way each of you is taking a share of the risk.
2006-09-16 11:14:30 · answer #3 · answered by Anonymous 7 · 0⤊ 0⤋
yes you are... and why so worried???? are you that bad of a driver??? get over it... help the poor lady for god's sake... ok by law you are in control of the vehicle and responsible. However, responsibility is equally divided between both drivers. Your insurance will cover her up to your set limits and after that you and the other driver are both responsible. But, if she is not seatbelted in then she will given a set amount of her own responsibility as well.. so the best I can tell you is make her buckle up, make your insurance is up to date, and be a defenseive and not offensive driver. Should have no probs and if you do then still should only be 50/50 spilt with ohter driver unless your at fault for accident then its 100% you , *see example above as to limits... etc. etc..etc.... any questions ..... call a lawyer or the dmv... damn now my fingers are tired
2006-09-15 08:56:46 · answer #4 · answered by lisa n florida 3 · 0⤊ 0⤋
The driver is responsible for all passenger injuries, loss of work compensation, medical treatments at that time and in the future if associated with that claim.
2006-09-15 08:58:51 · answer #5 · answered by Casinomule 3 · 0⤊ 0⤋
Yes, if you are partially resonsible for an accident you can be help liable. IF the case is tried and it goes for more than your policy, you many have to pay. It is rare but the same goes for any accent with people in another car. So have enought insurance to protect yourself.
2006-09-15 09:19:36 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If you own the car, you are responsible for all passengers, if you caused the accident. You may also be responsible even if you did not cause the accident, if the person that casued the accident can not pay.
2006-09-15 09:05:30 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I do believe you would be responsible.
I was in a car accident this summer and the first thing my insurance company asked me is if anyone else was in the car with me and were they hurt. My younger brother was with me, and thank God he was ok. Had he been hurt though, since I have 100% full coverage, my insurance would have paid for his medical bills.
2006-09-15 08:59:32 · answer #8 · answered by Anonymous · 0⤊ 0⤋
If you are found to be at-fault for an accident then all the passengers in the vehicle that you are driving can file a bodily injury claim.
-I am a former claims adjuster.
2006-09-15 09:08:05 · answer #9 · answered by Sal G 4 · 0⤊ 0⤋
I took an exam on this before. From what I remember, the passengers med insurance will pay for their injuries. However, if they dont have med insurance; then you are liable. You should check with your insurance company though.
2006-09-15 08:58:37 · answer #10 · answered by Winnie pooh 2 · 0⤊ 1⤋