I posted an earlier question asking for help in an accident I was recently involved in ((DUI/meth abuser hits bicyclist = broken back). I received a lot of useful info, but have a few more questions. I've been told by some people that have successfully sued the negligent driver's insurance company and won. The cases were won based on the driver having prior DUI's and the company still insuring the driver. Is this beyond the scope of possibility? Does anyone know of something like this happening with some some degree of success?
Otherwise, aside from the driver getting charged with DUI and felony assault (due to the severity of my injury)- I get no recourse. Nothing to help pay my insurance deductibles, nothing for pain (of which I'm in a lot of) and suffering. This is all based on the driver having no personal assets and the fact that he will most likely declare bankruptcy if I try to sue him for future wages, etc. He is, after all, a meth addict. Any advice is appreciated!
2007-05-29 08:24:03 · 6 answers · asked by tommyboyportland 1 in Business & Finance ➔ Insurance
Sure you can sue them, ANYONE can sue ANYONE ELSE for ANYTHING. But you'll lose.
By definition, ANY TIME they pay out on a driver, it's because that driver was negligent! THAT'S THEIR BUSINESS - COVERING NEGLIGENT DRIVERS.
I think that the "some people" you are talking to are confused, or just plain wrong. Yes, insurance companies issue policies for people who have prior DUI's. States MANDATE that you MUST have insurance coverage, and they MAKE some insurance companies insure ANYONE, NO MATTER WHAT. If they have a license, they have to get insurance.
Your only OTHER option, is to sue the OWNER of the car, who let the meth addict drive it.
Or collect under YOUR uninsured/underinsured motorist coverage. Which hopefully you bought. Otherwise you're just as guilty as underinsuring as he is, IMO.
Anyway. Don't take the word of complete strangers on the internet. Go get yourself one of those "free one hour consults" from a few local lawyers. I think they'll tell you what I'm telling you.
2007-05-29 09:08:14 · answer #1 · answered by Anonymous 7 · 0⤊ 0⤋
1
2016-09-25 01:47:58 · answer #2 · answered by ? 3 · 0⤊ 0⤋
No. The insurance industry is one of the most heavily regulated industries out there. Even if they knew he was a meth addict the state would not just let them drop him. There are only specific reasons and methods to not insuring or canceling someone.
They should be paying up to his liability limits. Then your insurance should kick in via the underinsured coverage.
If he had low limits you can sue but like you said, he might not pay.
By the way... if they had cancelled him then he would have been driving with no insurance. Is that what you want?
2007-05-29 08:45:20 · answer #3 · answered by PJ 5 · 0⤊ 0⤋
You cannot expect to sue the insurer BECAUSE they insured this guy. The insurer has the right to take on whatever level of risk it desires. However, you CAN and SHOULD sue the guy involved to the limits of the insurance coverage which the policy provided to him. That's what auto insurance is all about. I would surely think that part of his insurance coverage included liability for damages caused.
Seek the advice of a qualified attorney for further guidance.
2007-05-29 08:32:46 · answer #4 · answered by acermill 7 · 0⤊ 0⤋
the insurance company probably didnt know, so unless you can PROVE otherwise, you wont win, but his insurance should still pay for the accident.
I'm kind of confused by your question, but you would have to prove that the company willing insured someone who they knew to be dangerous and even that would be pretty hard...
2007-05-29 08:35:02 · answer #5 · answered by Sens Enforcer 4 · 0⤊ 0⤋
Do you have an attorney? What were the guy's policy limits? Did they pay you the limits of his policy? I would consult with an attorney because it does sound like you might be able to but, i am not fully sure.
2007-05-29 08:44:37 · answer #6 · answered by Lori B 6 · 0⤊ 1⤋