QUESTION
Who do I go after for the damages to her car and my medical bills?
Asked on Jul 28th, 2013 on Personal Injury - Washington
More details to this question:
I was driving my sister's car when a drunk driver hit me. The car he was driving was his mother's and she had full coverage insurance. Unfortunately, my sister didn't pay her insurance that month so she wasn't insured.
15 ANSWERS
You and your sister may sue the driver of the other vehicle and the owner of the other vehicle to recover your personal injury damages and your sister’s property damages. You should contact an attorney as soon as possible about this matter. You will normally have three years from the date of the accident, but it is best to address this matter sooner than later. Best Wishes!
Answered on Mar 19th, 2017 at 5:52 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Drunk driver carrier pays. Doesn't matter about the other driver except as to med pay and if the coverage was not there it was NOT THERE.
Answered on Aug 02nd, 2013 at 9:32 PM
Thomas Edward Gates
You should be filing a claim against his mother's insurance.
Answered on Aug 02nd, 2013 at 9:32 PM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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You should be presenting your claim to the insurance covering the loss. In this case, it seems as though it would be the mother of the driver's policy that would be paying. Bear in mind that, because the other driver was intoxicated, that you also have a "punitive damages" claim, in addition to the other claims. Often, the punitive damages claim is the most valuable of the various claims.
Answered on Aug 02nd, 2013 at 9:32 PM
4 Awards
You would sue the other driver and his mother. Ultimately, the mother may not be a proper defendant once an investigation is completed.
Answered on Aug 02nd, 2013 at 9:32 PM
Plaintiffs Personal Injury Attorney serving New Orleans, LA
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David A. Easson
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You can still make a claim against the drunk driver and his mother's insurance company, for damages above $10,000.
Answered on Aug 02nd, 2013 at 9:32 PM
You do not say whether you were insured; if you were not, then you can collect only out of pocket damages such as medical bills, loss of wages, damages to the vehicle, but not for pain and suffering.
Answered on Aug 02nd, 2013 at 9:32 PM
Car Accidents Attorney serving Newport Beach, CA
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Russell & Lazarus
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There is an exception to the uninsured motorist limitations set forth in California Civil Code Section 3333.4 which allows the victims of drink drivers to sue for all of their damages even if the victim was uninsured at the time of the accident. So, if the other driver was drunk and is convicted of a DUI, then your sister will be entitled to recover all of her damages even if she was uninsured. Also, you seek recovery from both the driver and the owner for damages.
Answered on Aug 02nd, 2013 at 9:32 PM
James Eugene Hasser
The driver of the other car, of course. His mother's insurance will kick in to cover him. There may be some liability on whoever over-served the driver too. Consider talking to an experienced personal injury lawyer.
Answered on Aug 02nd, 2013 at 9:32 PM
Your sister's lack of insurance should be secondary to the other driver 's coverage. It may affect the type of recovery you're entitled to but it's impossible to say for sure without more information.
Answered on Aug 02nd, 2013 at 9:31 PM
Regulatory Attorney serving Spokane, WA
Partner at
Deissner Law Office, P.C.
You will need to sue the drunk driver, who will probably be covered by his Mother's insurance.
Answered on Aug 02nd, 2013 at 9:31 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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You make your medical claims against your own Michigan No Fault insurer on your own motor vehicle. Your sister should have had insurance and would have decided whether she wanted to self insure for collision damage or purchase collision coverage on her policy. In a crash, she would have collected collision damage from her insurer if she had purchased that coverage, or she would have paid out of her pocket (except for the $1k mini-tort) if she self-insured for collision. However, since she had no mandatory required coverage, she has no recourse for collecting on the collision/property damage. Although she should look into whether she was given proper notice of her car insurance bill and of any cancellation by the insurer as there are specific statutory requirements an insurer must follow in Michigan when cancelling a policy, and if those requirements aren't followed, then perhaps the cancellation was ineffective. It would be best to see a local Michigan attorney on this.
Answered on Aug 02nd, 2013 at 9:31 PM
Ronald A. Steinberg
I have to rely on Michigan law, which is different from any other area on this planet. If you knew that the vehicle was not insured when you drove it, you are screwed all the way around, as is your sister. If you did not know that the vehicle was not insured, you can sue the other driver/owner for all of YOUR damages (physical injuries, lost wages, etc.) Your sister may be screwed as far as the property damage goes.
Answered on Aug 02nd, 2013 at 9:31 PM
Personal Injury Attorney serving Beverly Hills, CA
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Hyp Law Group
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You should immediately retain the assistance of counsel. Most attorneys that would handle this matter, including our firm, would not take or charge any money from you. They would represent you on a continency basis. But if you wish to receive a fair settlement, you must seek legal advice.
Answered on Aug 02nd, 2013 at 9:31 PM
Motor Vehicle Accidents Attorney serving Van Nuys, CA
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Law Offices of Andrew C. Sigal
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Even though your sister did not carry public liability insurance on her car, the other driver is still responsible for the damages caused to it.
Answered on Aug 02nd, 2013 at 9:31 PM