QUESTION
Is there any action that can be taken against the driver who smashed into my parents house?
Asked on Jun 11th, 2014 on Personal Injury - Missouri
More details to this question:
A person was racing down a residential street. He hit a car parked on the street then smashed into my parents house causing quite a bit of damage. The car was a rental borrowed from his uncle, the driver had a suspended license and no insurance. My parents homeowners insurance is handling repair of damage. I just wanted to know if there is action they can take for being displaced from a section of their house and all of the aggravation associated with. Thank you.
14 ANSWERS
Your parents can institute an action against the Uncle, as the owner of the vehicle that hit their house. This will bring in the Uncle's insurance company and could lead to additional damages. Your parents should look for a free consultation with an experienced attorney in their area to help assess the likelihood of success of such a suit.
Answered on Jun 18th, 2014 at 5:20 PM
EDWARD MILLER
Your parents should, if they have not yet already done so, check with their homeowners' adjuster to find out if the insurance company is going after the driver or the car rental company for subrogation. That's probably the easiest way to find out if there is likely to be some coverage or asset to be found as to the reckless driver, his uncle, the rental company or the bar that served the reckless driver (assuming he was drunk?). If not, then probably a useless cause.
Answered on Jun 13th, 2014 at 7:12 PM
Consumer Law Attorney serving Denver, CO
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Chalat Hatten & Banker PC
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As with any personal injury case, the details determine whether a claim can be made. If the owner (or lessee) of the vehicle, the uncle, allowed his nephew to drive the vehicle or knew that his nephew would likely drive the vehicle, then there may be a claim for reckless entrustment against the uncle. If the uncle has auto insurance, which one would assume he had to have to be able to rent a vehicle, then it may cover the vehicle even if the nephew was driving.
Answered on Jun 13th, 2014 at 7:12 PM
Taxation Attorney serving Charleston, WV
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C. Page Hamrick III
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FOR WEST VIRGINIA ONLY: You should definitely see a lawyer and sue for damages. Let the defendants worry about coverage.
Answered on Jun 13th, 2014 at 7:11 PM
First, your parents' homeowners insurance company could sue the driver and his uncle for negligent entrustment of the vehicle. In all likelihood, the uncle's insurance company would reimburse your parents' insurance company, which would help to keep your parents' rates low. Second, they could sue the driver directly but it would be difficult to quantify their damages for not having a portion of the house available.
Answered on Jun 13th, 2014 at 7:11 PM
Edwin K. Niles
1. Report it to DMV; he will get a license suspension. 2. You can sue him, but with no insurance will you ever collect? Irresponsible people are often broke as well. 3. The rental co. may be liable for up to $15,000. However, they will deny liability for lack of permission. 4. How about suing the uncle for negligent entrustment?
Answered on Jun 13th, 2014 at 7:11 PM
James Eugene Hasser
They could sue the driver, but it is highly questionable as to whether or not the driver would be able to pay any judgment rendered against him. However, Insurance follows the vehicle in Alabama. That means that even though the driver had a suspended license and no insurance, the uncle may have had insurance on the car and it may cover some or all of the damage. Good luck.
Answered on Jun 13th, 2014 at 7:11 PM
If the uncle knew that the kid was a reckless driver, he would be liable for negligent entrustment of the vehicle. Normally the owner of the car is liable up to the first $15,000 but I do not know if there is an exception for rental cars. The problem is that your parent's insurance company has the right to go after anyone who is liable and would try to collect their money first.
Answered on Jun 13th, 2014 at 7:11 PM
Litigation Attorney serving Irvine, CA
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Law Office of James A. Anton
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Your parents can sue the driver for damages even if their carrier is paying for the repair.
Answered on Jun 13th, 2014 at 7:11 PM
Thomas Edward Gates
Yes, the person who damaged the house can be sued for expenses not paid by their insurance. Keep in mind that he may not have any assets so collecting a judgment may be difficult. If he works you can garnish his wages.
Answered on Jun 13th, 2014 at 7:11 PM
Personal Injury Attorney serving St. Louis, MO
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Thomas J. SanFilippo & Associates, LLC
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Absolutely you have a case. But you need to act immediately to protect your claim. For several reasons time is a factor in a lawsuit for negligence.
Answered on Jun 13th, 2014 at 6:38 PM
Ronald A. Steinberg
Under your parents' homeowners insurance, they should get all the benefits to which they are entitled. Then the insurance company will go after the driver and the owner of the car. Let the insurance company take care of it. It is a long and bitter war, better left to the experts.
Answered on Jun 13th, 2014 at 6:30 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Real damages you don't have. Coverage may be a problem. why don't you let the insurance co tale care of it and get on with your life. If the insurance co thinks it can go against the driver it will. but not likely since he has nothing.
Answered on Jun 13th, 2014 at 8:31 AM
Personal Injury Attorney serving Irvine, CA
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You can sue the uncle. If the car was a rental, he probably agreed in the rental contract that only he would be driving the car. He would therefore be arguably negligent in entrusting the rental car to the nephew. Even though the nephew had no insurance, the uncle might have insurance.
Answered on Jun 13th, 2014 at 8:26 AM