On Saturday I was driving with a mattress strapped to a trailer with other stuff. The strap broke, the mattress flew into the highway, causing a man to swerve and hit the conceret barrier. The police said his airbag went off and he didn't seem too badly hurt. I saw the car and it wasn't too smashed in. I can't find out what happened to him, apparently. I only have $20,000 worth of coverage. Also, it was my brother's truck, and I hear that the injured party can sue him even though he wasn't driving.
Any advice is helpful. I am very distraught I hurt this person, but also am worried I am going to lose my house.
2007-09-24 10:44:18 · 9 answers · asked by Elizabeth G 1 in Politics & Government ➔ Law & Ethics
I'm in massachusetts
2007-09-24 10:52:48 · update #1
I would say for about $20,000, covered by insurance, settled out of court. Don't worry about your house.
2007-09-24 10:48:46 · answer #1 · answered by Chef 6 · 0⤊ 1⤋
What state?
Some states are no/fault meaning you pay for coverage on your own vehicle for damage sustained in any accident.
Most other states the Insurance follows the vehicle first then the driver second.
So the vehicle owners insurance would be primary, and should pay for both bi and pd to the extent that the driver is liable for the accident. If policy limits are exhausted the drivers insurance would be secondary up to there policy limits.
Let me try to explain to others, (I'm assumming here)
But I guess your insurance coverage is 25, 20/40
This means there is a limit of $25,000 for property damage caused to others. $20,000 Bodily injury per person caused to others and $40,000 bodily injury caused per accident. So a total of $40,000 bodily injury no matter how many people are injured.
Again the vehicle owners insurance would be primary, while the drivers isnurance is secondary.
Just report the accident to your insurance and let the adjusters handle all the details. You should be out very little (except your insurance rate increase) unless you have no insurance coverage.
2007-09-24 10:46:42 · answer #2 · answered by labken1817 6 · 0⤊ 0⤋
Try not to worry. It sounds like this was purely an accident, not an act of negligence and not intentional (it'd be a different story if you were drinking and driving, driving at a dangerous speed, etc.). If he's not too badly hurt, and his car isn't too badly damaged, you will just be expected to pay actual damages (not compensatory). Hopefully his injuries are minor, but if he spent any time in the hospital, you know how much that can be.
Are you certain about your insurance coverage? Does that just cover YOUR vehicle or damage to the other person? That seems awfully low.
2007-09-24 10:54:36 · answer #3 · answered by Anonymous · 0⤊ 0⤋
All the city will do if anything is buy you a new wheel and tire as that is all the damage your vehicle suffered. First you must turn it in to your insurance company and if they repair it then you have no damage so you have no lawsuit. If they don't then in 3 or 4 years when your lawsuit is heard, you won't have the car so you have no damage
2016-05-17 21:34:18 · answer #4 · answered by ? 3 · 0⤊ 0⤋
The fact that it was your brothers car could be helpful. If the limits of liabitliy on your brothers car are not enough to cover the damage/injuries -then your policy may stack on top of it. It would be excess.
Generally, insurance follows the car -so your brothers policy would be first and your policy would be second.
2007-09-24 11:00:41 · answer #5 · answered by Boots 7 · 0⤊ 0⤋
easy ...... the other driver will go after the ins co. first to cover the hospital bills and if theres not enough to cover his bills then he has all rite to sue you but only for the bills.. the worst he can do to you personaly is request your lisence be suspended your brother has nothing to worry about except a higher ins rate basicly accidents happen and any judge will understand that....... good luck
2007-09-24 10:56:30 · answer #6 · answered by liqsteal 2 · 0⤊ 0⤋
You are right, the car owner is responsible for damages although he was NOT actually behind the wheel when the accident occured.You have to wait and see where this case is going to go.
2007-09-24 11:04:22 · answer #7 · answered by WC 7 · 0⤊ 0⤋
He can only sue you for what the insurance doesn't cover. If he suffered $25,000 worth of damages, then he can sue you for $5,000.
2007-09-24 10:47:39 · answer #8 · answered by civil_av8r 7 · 0⤊ 1⤋
Be glad your last name isn't Spears. And talk to a lawyer. Good luck to you!
2007-09-24 10:48:59 · answer #9 · answered by Anonymous · 1⤊ 0⤋