| Message |
Author |
|
 Posted: Wed May 06, 2009 7:18 pm Post subject: Can I claim liability from my auto policy |
|
|
While driving a relatives car I was hit by a drunk driver.
I filed liability claims against the drunk driver and the relatives insurance carrier. Can I claim liability from my auto insurance carrier also? |
|
hayetracy
New member
Joined: 06 May 2009
Posts: 1
1.34 Dollars($)
|
|
| Posted: Wed May 06, 2009 9:50 pm Post subject: |
|
|
Were you liable? If not, then no.
I think you might be misusing some verbiage as I don't see how you could claim your relative was liable (as you state you filed a "liability" claim against your relative). Was your relative liable/negligent in some way? Liability addresses negligence. I think you mean to say that you filed a claim under your relatives policy.
Were you injured in the accident? If so, I'd recommend that you report the accident to your own carrier to see if they need to address any of your medical bills. Each state is different. |
|
tcope
Forum Expert
Joined: 22 Nov 2006
Posts: 5193
Location: Salt Lake City, UT
285.25 Dollars($)
|
|
| Posted: Thu May 07, 2009 3:13 am Post subject: |
|
|
Hello to our new poster, and good question.
Tcope, here's the take I get on it.
TO the OP: I think I get it. The accident appears as if it wasn't your fault, and that the other driver's insurance company has accepted liability. That simply means that they have acknowledged that it was their insured's fault and they're accepting responsibililty for the damages that fall within their insured's policy limits. So, the other guy's insurance company will pay for your damages. Now...onto what I think your question is.
Are you asking if you can collect under the coverage on your Uncle's car as well? I also think that Tcope was right when he said that you were misusing the verbiage. The term "liability" always refers to third-party claims, and doesn't protect the insured. It protects the insured AGAINST damages levied against him for damages caused to OTHERS. So, your uncle's policy will NOT pay you anything, that pays for the OTHER GUY.
Your policy may initially pay your medical bills, wage loss and other things, but that's about all you can expect. You CANNOT expect to profit due to this loss from your own carrier. On the other hand, if you were injured by the drunk driver, you will more than likely have a claim for other damages, such as pain and suffering, in addition to the damage caused to your uncle's car. Unless you were seriously injured in the wreck, don't expect to see a lot of big numbers thrown at you to settle your claim. And don't let any of your friends tell you that you're going to be rich after the lawsuit or anything like that. It doesn't work that way. There are set standards for this kind of thing, and believe me, you ain't the first to have this happen to them.
Be honest, be straight and to the point, and don't try to BS anyone. The upside is minimal, because they will get to the truth, and if you lie, they will catch you. The downside is baaaaaaaaaad. Good luck, and let us know whassup with your situation.
InsTeacher  |
|
InsTeacher
Moderator
Joined: 13 Aug 2007
Posts: 1343
Location: Oregon, USA
119.93 Dollars($)
|
|
| Posted: Thu May 07, 2009 7:22 am Post subject: |
|
|
Hey Tracy,
| Quote: | | Can I claim liability from my auto insurance carrier also? |
Just as everyone else pointed out, the question of a liability claim doesn't arise between you and your carrier. Your liability coverage is meant to cover for your liability towards others.
See, your telling us regarding the damages and injuries would definitely give us an idea of what you may achieve out of this. Also, I'm in favor of offering severe penalties for those who're DUI convicted. It has to be something more than just a license-suspension for 6 months. Do you agree?
Steven |
|
steven
Senior member
Joined: 02 Feb 2006
Posts: 1553
215.66 Dollars($)
|
|
| Posted: Thu May 07, 2009 11:00 am Post subject: |
|
|
| Quote: | | Can I claim liability from my auto insurance carrier also? |
Liability is for the third party only, i.e. when you are responsible for causing damages to others.
Regarding filing liability claim against your own insurer.....were you told by the insurance company to hire uncle's car and get hit by the drunk driver? If your answer is 'no' then the insurance company isn't liable for the damages and/or injuries suffered by you. Follow-up the case with the drunk drivers carrier, they would address your losses. |
|
jeorge
Senior member
Joined: 07 Oct 2005
Posts: 808
132.58 Dollars($)
|
|
