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Old 07-10-2001, 11:58 AM
michellleigh
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Deaprate please help. Does a passenger have the right to sue me, and not my insurance


I live in Louisiana, while in Texas I was in an accident the other driver was at fault, he was taken to jail his car was towed and he had no insurance. The passenger in my car was injured, my insurance company has told him he has to sue me, not my insurance! I have no idea how I stand can he really sue me? Why do you have insurance if they refuse to pay any doctor bills? Also I have the minimum insurance allowed by the law which is 10/20/10, what does this cover?
My insurance company told the passenger I have no medical coverage. I assumed I had insurance....

[Edited by michellleigh on 07-11-2001 at 10:27 AM]
  #2  
Old 07-13-2001, 12:02 AM
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Join Date: May 2001
Location: California
Posts: 167
Hope this info will make you feel better....

Yes, your passenger can sue you. They cannot sue your insurance company, they must sue YOU. If you are served with a summons and complaint, the first thing you should do is get a copy to your insurance carrier ASAP. Once you are sued, your insurance company must provide the attorney and handle your defense. Their expense, not yours.

Before everything goes that far.....Have your put your ins. company on notice that your passenger wishes to file a bodily injury claim against your policy? If, as you say, the other driver was completely at fault for the accident, your ins. company will send your passenger a letter telling your friend that they are denying the claim because you were not negligent and your actions did not cause this person's injuries. Maybe they can point them in the right direction. (i.e., the negligent party is the one who should be sued). If your friend still wants to sue you, then let your insurance carrier deal with it.

The limits you carry of 10/20/10 covers bodily injury and property damage to third parties if the injuries/damage was a result of your negligence. Get out your policy and read the exact description, as it is rather lengthy.

If you carry Uninsured Motorist coverage, this would respond to your passengers injuries. Again, check your policy.

Good luck and try not to worry.

I am a claims adjuster, not an attorney.
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