by christalynne00 » Thu Jan 28, 2010 05:41 pm
by her boyfriend they are from florida the accident happen in alabama he was not injured my daughter was taken to the hospital trauma unit for two days she received muliple bruises on her face a concussion fractured ribs and a bursted vertbre she has to wear a brace for at least three months she has been off work since dec and will be off for at least three months his insurance has said they will not pay she has insurance with another company please let me know asap
Posted: Thu Jan 28, 2010 06:29 pm Post Subject:
Lets start with who was at fault in the accident. Who ever this is needs to address your daughters injury. If her boyfriend was at fault, what was the reason his carrier gave for "not paying"? Have they denied the claim in writing? If the BF is liable, any payment that comes from his carrier would be a 1 time payment. They don't pay the medical bills on an ongoing bases.
Also, who owns the vehicle?
Posted: Fri Jan 29, 2010 03:37 pm Post Subject:
her boyfriend owns the car and he was driving, his insurance company says that since they had the wreck in alabama his liability does not cover her because she was a guest in the vehicle they live in florida. his insurance told me that if my daughter had paid her boyfriend to take her somewhere then it would pay
Posted: Fri Jan 29, 2010 05:04 pm Post Subject:
Was the boy friend at fault in the accident? I'm guessing, yes. If this is correct then your daughter has a liability claim against her boy friend. What you describe is the boy friends carrier denying _him_ coverage. What you mention as grounds for that denial makes no sense (and it's very vague). Who is not a guest in someone's vehicle? What does this have to do with living in FL and the accident happening in AL? I think you need to have your daughter get a better explanation from the carrier as to the reason for the denial. Or the boy friend can get this. Have they denied coverage in writing?
It's important to note that it appears they are denying _coverage to their insured_. That is, they are not providing him coverage for some reason. With what you describe I have no idea why.
Posted: Fri Jan 29, 2010 05:38 pm Post Subject:
i agree it makes no sense they paid his car off they have denied paying any of her medical bills. It was a one car accident a witness says he hit black ice and over corrected it was early in the morning about 4 she has over 36000 in medical bills and is still seeing a doctor he had only 10000 L my daughter was the only passenger except her boyfriend I cannot find a number to call in alabama and everyone tells me they cannot deny at least his limit since he was driving his adjuster told me that because my daughter was a guest someone who did not pay for him to take her some where they are not liable
Posted: Fri Jan 29, 2010 06:09 pm Post Subject:
i did call his adjuster back and she said the law in alabama is called alabama guest passenger statue 32-1-2. I tried to google it and get more information but have been unsuccessful I feel helpless
Posted: Fri Jan 29, 2010 06:46 pm Post Subject:
"The owner, operator or person responsible for the operation of a motor vehicle shall not be liable for loss or damage arising from injuries to or death of a guest while being transported without payment therefor in or upon said motor vehicle, resulting from the operation thereof, unless such injuries or death are caused by the willful or wanton misconduct of such operator, owner or person responsible for the operation of said motor vehicle."
Odd statute. I can't speak to how it applies or why they would limit liability in this regard.
I also wonder how easy it is to legally apply the "willful or wanton" portion of that statute. That is, usually a person who looses control in bad weather conditions can said to not maintained proper control of the vehicle. Was this person driving too fast for the conditions, were they not paying attention to the road and conditions, etc. If this were the case, is this not "willful or wanton misconduct"? I'd think misconduct would be interpreted as a very low standard of care. That is, just doing something wrong... it does not need to have been malicious in intent. For example... driving too fast for the conditions or not paying close enough attention to the road. Then you need to ask, should the driver have known what speed he was moving at or that he should have been paying more attention. All of a sudden it seems to meet those criteria.
Lastly, the carrier needs to understand that they insured is going to make a _terrible- witness for them as he probably wants his girlfriends medical bills paid under his policy. So when the put him in front of a jury, what is he going to say? Probably that he had an utter disregard for her safety. But if going this route the carrier would probably need to be pushed with the possibility of suit filed against their insured. That is, legal representation for your daughter. You might want to make a few phone calls to AL attorneys and see what they can tell you in this matter.
Posted: Fri Jan 29, 2010 06:51 pm Post Subject:
Also, if you have Uninsured Motorist Bodily Injury coverage (UIMBI) it would seem to offer coverage in place of the boy friends policy, per AL case law.
Posted: Fri Jan 29, 2010 06:57 pm Post Subject:
One more...
It seem that this case provides some info on the courts interpretation of "wantonness":
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=al&vol=1971421&invol=1
Also there is the definition of guest:
"Guests. Have action against driver only for wilful or wanton conduct. Ala. Code
§32-1-2. See George v. Champion, 591 So. 2d 852 (1991). Passenger for hire is one who
accompanies driver on mutual business mission or to render benefit to driver at driver’s
request; is not guest under statute, Sellers v. Sexton, 576 So. 2d 172 (1991)
Share this with the adjuster or the supervisor and see what they say. You might want to see if the boyfriend is on board with the possibility that he asked his girlfriend to accompany him for his benefit before you make the call.
Again, the boyfriend is going to make a terrible witness for his carrier is this were to go to court. That is, upon understanding what it would take for his carrier to offer coverage, he's more opt to adjust his statements to make this happen. That is, unless they break up in the meantime. :)
Posted: Fri Jan 29, 2010 08:31 pm Post Subject:
I want to express my appreciation for your helpful insight and your time may God bless you
Posted: Sat Jan 30, 2010 08:58 am Post Subject: Paying for the injuries
If the boyfriend is not at-fault here, his insurance company would not pay for the injuries. Also, the insurance company may consider your daughter as a guest, and in that case the owner of the vehicle cannot be considered liable for the injury. Only if the at-fault party is uninsured and if your daughter has Uninsured Motorist Bodily Injury Coverage, the policy can come into act here.
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