QUESTION

My passenger was intoxicated and yanked my steering wheel and caused me to crash the car. Can i sue my passenger?

Asked on Jun 22nd, 2020 on Automobile Accidents - Texas
More details to this question:
My passenger in my car assaulted me while i was driving then grabbed the steering wheel and caused us to crash. My insurance is covering the damage, however my medical needs are not covered since i declined that coverage. Can i sue my passenger for the accident and damages? I filled assault charges against him and it was also put in the police report that he caused the accident.
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1 ANSWER

Animal Attacks Attorney serving Dallas, TX at Robert C. Slim Law Firm, PLLC
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You might be abel to pursue an insurance claim in one of two ways:  First, were the passenger's actions in causing the accident intentional.  In other words, did the passenger intentionally cause the collision.  If he had his own auto insurance, then his liability coverage may cover your injuries if they beleive that he caused the accident, but did not do so intentionally.  If they beleive he intetionally cause the accident, then his insurance company will decline to provide coverage under the "intentional act" exclusion under the policy.  It is not enough that he just intetionally grabbed the steering wheel or assualted you.  He had to have intended to cause the collision or your resulting injuries.  Second, if the passenger did not have insurance, or his insurance company declined to provide coverage under the policy, then you may be able to file a claim on your own uninsured motorist coverage ("UM coverage"). This is coverage that will pay for damages caused by an uninsured driver.  Hopefully, you had UM coverage on your policy. If neither of these two options pan out for you, then your only other option would be to pursue the passenger in court.
Answered on Jul 05th, 2020 at 8:42 PM

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