QUESTION
Can I sue the father (owner) for remainder of medical and pain and suffering?
Asked on Jun 19th, 2013 on Personal Injury - Utah
More details to this question:
I was rear ended by a 19 year old girl at high speed. She was driving a vehicle registered and insured by her father. She was not on the policy. While the insurance is assuming responsibility, their limits do not cover my medical.
13 ANSWERS
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan, it is NOT the at fault owner/driver's insurer that covers your crash related medicals, it is YOUR insurer and you must make a written claim w/i 1 year of the crash and sue w/i 1 year if any benefits are not paid.
Answered on Jun 20th, 2013 at 7:24 PM
Ronald A. Steinberg
You may sue the owner and the driver, but if you settle, then that is all you are going to get.
Answered on Jun 20th, 2013 at 6:25 PM
General Practice Attorney serving Portland, OR
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Furniss, Shearer & Leineweber
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There is a possibility the parents could be brought in under a theory of the family purpose doctrine if the daughter was living with them and/ or they can be shown to be responsible under the facts of the doctrine. This is a complicated legal issue and you should consult with your attorney on it.
Answered on Jun 20th, 2013 at 6:25 PM
James Eugene Hasser
Not unless you can prove she was known to her father to be an incompetent driver.
Answered on Jun 20th, 2013 at 6:24 PM
It is likely that you would be able to sue the girl, since she is not a minor, and/or her father for your expenses. However, the specific details are critical in determining what is the best course of action, thus it is imperative to speak with a legal professional as soon as possible.
Answered on Jun 20th, 2013 at 1:57 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The owner and operator of a vehicle are responsible for its operation. You cant have your cake and eat it too. You cant take the money then sue. You either take the money or sue.
Answered on Jun 20th, 2013 at 1:39 PM
Personal Injury Attorney serving Midvale, UT
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Arrow Legal Solutions Group, P.C.
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Probably not. The girl is an adult and it appears that you don't have any evidence that the father was negligent in any way.
Answered on Jun 20th, 2013 at 1:13 PM
Personal Injury Attorney serving Beverly Hills, CA
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Hyp Law Group
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Yes. In order to fully obtain information re your pending suit against the father and or to obtain a favorable settlement, you should consult a lawyer.
Answered on Jun 20th, 2013 at 12:16 PM
Real Property Law Attorney serving San Francisco, CA
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Law Office of Barbara A. Goode
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You can sue the father. The owner of a vehicle is responsible for accidents that happen in that vehicle. If he voluntarily let her drive his car then he could be on the hook.
Answered on Jun 20th, 2013 at 11:46 AM
Insurance Attorney serving Redlands, CA
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Orrock, Popka, Tucker & Dolen
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In California, the liability of an owner who was not the driver is limited to the first $15,000. It appears you already exceeded that.
Answered on Jun 20th, 2013 at 9:43 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Your PIP is supposed to cover your medicals up to your PIP policy limits, probably $10,000. If you carry uninsured motorists coverage (UM) then make the claim against your UM policy, as well.
Answered on Jun 20th, 2013 at 9:27 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You may be able to sue the father under what is called the Family Purpose Doctrine. You will need the help of a lawyer who can explain it in more detail.
Answered on Jun 20th, 2013 at 9:26 AM
Lisa Hurtado McDonnell
What about your insurance company, if the owner is under insured you should file a claim with your insurance company. If that doesn't cover your medical and damages you could go after the parents for uninsured damages.
Answered on Jun 20th, 2013 at 9:25 AM