Can I sue for personal injury negligence?

Question

A woman knowing a man had no driver's license let him borrow her car. He pulled out in front of me on my motorcycle and I spent 6 days in the hospital with injuries for life. The lawyer can only get 50k on 100k policy on her insurance. Can I go after her for negligence?

Thomas Bulman · Answer

No.

Reza Torkzadeh · Answer

Why can your lawyer only get 50k on a 100k policy?  With injuries that leave you in the hospital for 6 days and a non-licensed driver, I would not accept less than the policy limits. You also need to know if there are any other coverages, umbrellas etc. or whether the driver was running an errand or on the job which may discover any other potential insurance coverage.

Donald Broad · Answer

In Indiana there is a concept known as "negligent entrustment," but I don't believe that a mere lack of a driver's license by itself is enough to prove one.  It sounds as if you already have counsel.  It is possible that the case is only worth $50.000.  You have not provided enough facts to evaluate it.

Ryan Hilts · Answer

The amount they are offering IS for the negligence that caused your injury.

Ronald Lowry · Answer

There is theoretically a cause of action (grounds for a lawsuit) against someone for "negligent entrustment" when a person lets someone use his/her car when that driver is not competent to drive. Such a claim probably would not increase the amount of available liability insurance coverage. That would be a way to get at the owner's personal assets, however. Harder to prove than regular simple negligence, though.

New User · Answer

You can, but it usually does not make sense. The company will not pay you without your release of their insured. So you cannot take the money from them and then go after her.  I am not sure why your lawyer can only get 50k, unless that represents fair compensation for your injuries.  If that is the case there is no basis to go after her. Why not go after her insurer?

Paul Samakow · Answer

You can go after the individual personally, but the likelihood of them having assets to seize is small. Best wishes, sorry to hear about your situation.

Kevin Habberfield · Answer

Yep, take a look at NY V&T section 388, or have your attorney do it, you'll like what you see. J Vicarious liability in NY for all owners of vehicles. Only question will be whether the insurance company can argue that she did not give permission and consent but, sounds like that isn't an issue.  Good luck.

Bernard Huff · Answer

Continue to consult with your retained lawyer and request him/her to seek additional compensation from the alleged negigent parties who caused or contributed to the accident and your resulting injuries.

David Stoddard · Answer

Your insurance claim is based on the other driver's negligence. The insurance pays for whatever she is liable for, up to the policy limits.  You cannot settle with the insurance company and sue her.  If you sue her and win a judgment that is greater than the insurance coverage, insurance will only pay the policy limits.  The other driver would be personally responsible for the rest.  Often it is best to settle for the policy limits because it can be difficult, sometimes impossible, to collect a judgment from and individual.  If the individual has no real estate, as a practical matter you cannot collect.  We call them "judgment proof"..

Paul Whitfield · Answer

I don't know what "injuries for life" are in fact so I cant say anything about the value of your claim. That is your lawyers job. You cant have your cake and eat it too. You can take the settlement and end the matter, or you can sue the owner and driver of the car and hope to get more. You may. You may not. Again, it is your lawyers job to evaluate your case.

Andrew Velonis · Answer

That's exactly what you are doing.  Why you can "only get 50k on 100k policy" is another question.

Timothy Klisz · Answer

You are. Her policy limits don't change, unfortunately.

James Kelaher · Answer

If you are already being represented by a lawyer, you need to ask him the question. You won't be able to get any money from her insurance company without giving her a full & complete release which will bar any actions against her. If you spent 6 days in the hospital, your medical bills may exceed $50k, so you need to ask your lawyer why the insurance company is only offering $50k.

Jami S. Oliver · Answer

I'm not sure it is clear why your lawyer can only get $50,000 on a $100,000 policy, unless the limits are 50 per person/100 per accident.  Regardless, assuming that your lawyer has exhausted the liability policies available (both the driver's and the owner's insurance), you may  have an uninsured/underinsured claim under your own auto insurance if your limits are greater than theirs.  Yes, you can pursue a claim against the owner of a vehicle if he or she knowingly allowed an unlicensed driver to operate a vehicle; however, you need to be careful because you may have to prove that the owner should have known that the unlicensed driver was reckless or not able to drive safely, in addition to not being licensed.  This is something your attorney should be able to discuss with you at length.

Ehsan Eftekhari · Answer

Yes, under the negligent entrustment theory.

Stephen Lombardi · Answer

Did you have insurance? You may be able to get more insurance.

Jared Altman · Answer

You are going after her for negligence.

Steven Fairlie · Answer

You can definitely go after them both for negligence.  I am not sure what you mean by " The lawyer can only get 50k on 100k policy on her insurance" but you should consult a good lawyer quickly.

Josh Lamborn · Answer

You can sue someone who negligently entrusts their vehicle to someone who should not be driving.  Since this person apparently did not have a driver's license there is probably a reason why their license was suspended.  It would obviously be helpful if the person who loaned the car knew that the driver was unlicensed and why.  I recently sued a woman for loaning her car to a drunk driver who ended up killing a pedestrian.  Clearly in that situation, when she knew the driver was intoxicated, she was negligent in letting him drive her car.   I don't know what you mean by your statement that the lawyer can only get 50K on her 100k policy.  If you sue the owner of the car her insurance indemnifies her (pays on her behalf) up to the policy limit.  The fact that the lawyer is telling you that you can only get 50k may mean that in his or her opinion that is all that your case is worth.  That may be because the insurance company thinks you are partially responsible for the collision or for myriad other reasons.  You should talk to your attorney so that you have a good understanding of your case.  You cannot make a good decision without doing that.

Irving Blank · Answer

Not if you settle with her insurance company.

Howard Mishkind · Answer

If you are represented but an attorney you should make sure that he has exhausted all available insurance coverage. I am not sure why you are only able to collect 50,000 unless the policy is a 50,000.00/100,000.00 which means you are limited to 50,000 per claimant.  I assume you did not have underinsured coverage which might provide for additional coverage.   Please note that if you accept the insurance coverage you will be required to release the responsible party and will be precluded from proceeding personally against her.  The insurance company will not pay the policy limits if you want to proceed against her personally.

Michael Heilmann · Answer

In Michigan, a motorcyclist gets all of their No Fault benefits from the driver who was at fault including lost wages attendant care and medical bills. The pain and suffering damages is limited to the policy of insurance.

Vincent Bernabei · Answer

Your attorney should be able to get more than $50,000.  You should call for a free second opinion.

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