QUESTION
Can my mother sue my insurance for compensation?
Asked on Sep 29th, 2012 on Personal Injury - Louisiana
More details to this question:
My parents were driving my can and they got in an accident. My father was driving and was his fault for hitting another car. My mother was the passenger and she got hurt from the airbag and the seat-belt. The can was on my policy and I have full coverage. Can my mother pursue a legal action against my insurance to get any money out of it?
12 ANSWERS
Thomas Edward Gates
Yes.
Answered on May 28th, 2013 at 2:57 AM
She can make a claim.
Answered on Oct 02nd, 2012 at 12:32 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Yes, your mother can pursue your insurance and may be paid for her pain and suffering and her medical expenses.
Answered on Oct 02nd, 2012 at 12:24 PM
Ronald A. Steinberg
Under the Michigan No Fault Act, your mother must claim first against her own auto insurance. If neither she nor your dad had auto insurance, then she can claim against yours. She is entitled to lifetime medical benefits for accident-related injuries; mileage to and from the doctors, hospitals, and pharmacies for up to 3 years; lost wages for up to 3 years; household replacement services for up to 3 years. She is not entitled to anything else. By that, I mean that she cannot sue your father for pain and suffering.
Answered on Oct 01st, 2012 at 2:07 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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Not if your father was at fault. The only way that possibility could occur is if the other driver was at fault and either under insured, meaning the insurance wouldn't cover your father's injuries or was completely uninsured. However, if your father was at fault your mother cannot sue your father.
Answered on Oct 01st, 2012 at 2:05 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Your mother may make a claim against your father as driver and you as owner. You don't sue the insurance company directly.
Answered on Oct 01st, 2012 at 1:15 PM
In Massachusetts, if your mom has over $2000 in medical bills, then a claim can be made for pain and suffering.
Answered on Oct 01st, 2012 at 12:39 PM
Bankruptcy Attorney serving Bellevue, WA
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Wild Sky Law Group, PLLC
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If your father was driving your car with your permission, then your liability insurance covers him and should cover your mother's claims against your father for her injuries. A qualified personal injury lawyer can help your mom sort this out so she is taken care of properly.
Answered on Oct 01st, 2012 at 9:57 AM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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Yes your mom can make a claim against you.
Answered on Oct 01st, 2012 at 9:56 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
2 Awards
She would sue your father. If your father has his own policy for his own vehicles, that policy would be primary, but yes, she could go after your insurance company.
Answered on Oct 01st, 2012 at 9:55 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Yes. Your father was covered under your policy as a permissive driver, and if he was at fault in causing your mom injury in an accident, she has a legitimate claim against your insurance policy. Caution: It gets a bit more complicated if your are all in the same household.
Answered on Oct 01st, 2012 at 9:55 AM
1 Award
Yes, your mother can file a claim against your insurance company under your liability coverage for her injuries.
Answered on Oct 01st, 2012 at 9:49 AM