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 Posted: Thu Feb 25, 2010 3:32 pm Post subject: loaned car to friend they got into an accident total loss |
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| my friend was driving my car and someone hit him deeming my car a total loss. Can he sue for injury and loss of work if i have limited tort? |
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krazeykrys
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| Posted: Fri Feb 26, 2010 7:37 am Post subject: |
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Well, I still have some doubts regarding your query.
If someone else has hit your car, then probably this person is at-fault. What does the police report say?
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anonymous00
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| Posted: Fri Feb 26, 2010 9:40 am Post subject: Totaled car |
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In a limited tort policy, the claim for compensation of losses is limited to monetary losses and any non-monetary losses, such as pain and suffering is not compensated unless the injury is "serious", resulting in death or impairment of a bodily function or permanent disfigurement.
| Quote: | | someone hit him deeming my car a total loss |
It seems that the other party is at-fault here. So, why should they sue you? |
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Veronica
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| Posted: Fri Feb 26, 2010 12:55 pm Post subject: |
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| Quote: | | It seems that the other party is at-fault here. So, why should they sue you? |
Oh Veronica. Here we go again  The OP is asking can the person who was driving their car sue them.
OP your friend could sue you for anything, but your insurance carrier would cover him in this situation. |
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Trench
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| Posted: Sat Feb 27, 2010 2:17 pm Post subject: |
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I think what the OP is asking..is since the vehicles policy (which covers the driver) is a limited tort policy can the driver sue the at fault party since the vehicle has limited tort...
In most cases no..but this would be state dependent...
couple of questions and we can be of great assistance.
What state are we talking about?
Does your friend also have a vehicle of his own (and therefore insurance)? | Quote: | | The OP is asking can the person who was driving their car sue them. |
I'm not getting that (for sure) Trench..the OP just asks | Quote: | | Can he sue for injury and loss of work if i have limited tort? |
doesn't say sue the OP...in limited tort you basically 'give up' your right to sue the at fault party...in most cases, with some exceptions...I think that's what he's wanting to know.
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Lori
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| Posted: Sat Feb 27, 2010 6:45 pm Post subject: |
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| Quote: | | I'm not getting that (for sure) Trench..the OP just asks |
I am gathering that the OP when he/she asked,
| Quote: | | Can he sue for injury and loss of work if i have limited tort? |
"He" being the friend driving the car. The OP stated that someone hit her car while the friend was driving resulting in it being totalled. The friend would be covered under her policy, the other driver (at-fault) could not be sued by the driver as far as I know. |
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Trench
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| Posted: Sat Feb 27, 2010 11:32 pm Post subject: |
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| Quote: | | The friend would be covered under her policy, the other driver (at-fault) could not be sued by the driver as far as I know. |
right that's what I said..but you said, | Quote: | | The OP is asking can the person who was driving their car sue them. |
How could the friend, who was driving the OP's car sue him? The friend is an 'insured' driver under the policy with permission to drive...so he would in effect be sueing himself..
| Quote: | | OP your friend could sue you for anything, but your insurance carrier would cover him in this situation. |
How could his friend who was driving his car, sue him? The carrier would be representing both of them..the OP as the insured/owner, friend as the driver...the driver could not sue the owner..  | Quote: | | the other driver (at-fault) could not be sued by the driver as far as I know. |
In a limited or non-tort contract only..otherwise, (like in the mighty MO) he certainly could, and likely would 
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Sun Feb 28, 2010 3:56 am Post subject: |
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| Quote: | | How could the friend, who was driving the OP's car sue him? |
Yes that's what I was asking  |
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Trench
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| Posted: Sun Feb 28, 2010 12:50 pm Post subject: |
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Who's? on first? Anyone, anyone?
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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Location: Missouri
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