Can passenger sue?

[ChristinaNY]

I'm in NY. My daughter was driving the car, with a learners permit (there was a licensed driver with her), and got hit by someone going through a stop sign. The passenger in the back of her car is suing her and me (the owner of the car) for negligence. Can she do this? And if so, what can she get from me if I have no money?

 

[HomeGuru]

I'm in NY. My daughter was driving the car, with a learners permit (there was a licensed driver with her), and got hit by someone going through a stop sign. The passenger in the back of her car is suing her and me (the owner of the car) for negligence. Can she do this?

**A: yes, anyone can sue anybody for anything.
**************
And if so, what can she get from me if I have no money?

**A: let your insurance co defend you. You do have insurance right?

 

[ChristinaNY]

Re: Re: Can passenger sue?

**And if so, what can she get from me if I have no money?

**A: let your insurance co defend you. You do have insurance right? [/B][/QUOTE]

Yes, I have insurance, but she's suing me for over $2 million, which I'm sure the insurance doesnt cover. What happens to the rest? Can they take my house away?

Thanks.

 

[HomeGuru]

Re: Re: Re: Can passenger sue?

**And if so, what can she get from me if I have no money?

**A: let your insurance co defend you. You do have insurance right?

Yes, I have insurance, but she's suing me for over $2 million, which I'm sure the insurance doesnt cover. What happens to the rest? Can they take my house away?

Thanks.

**A: let's step back for a moment and review the facts. You could be sued for $5 mil or $10 mil or more. But the insurance company must defend you in accordance with the terms and conditions of the policy. Review the causes of action and the damages. You also have the right to hire your own attorney.
How has the passenger suffered?

 

[ChristinaNY]

That's just it. The passenger was not injured, didn't tell the police report that she was injured, and went to work the next day fine. This was in August. Then in October I got a letter saying she was filing a lawsuit for her injuries. She says an old injury was aggravated by the accident.
I asked a lawyer and he said the insurance should cover it, because the amount she is suing for is never the amount that is finally agreed upon. But its possible that she might get a larger amount that the insurance wont cover. (I dont think so, if she cant prove she was injured in that accident -- it was an old injury, plus she was fine the next day.)
Anyway, what I'm worried about is that I am a widow with a 20 month old baby. I lost my husband on Sept.11 in the Trade Center. All the money I have, which isnt much, is from charities such as Red Cross, and his company's charity. Can she take this from me?

Thanks so much for your help!

 

[HomeGuru]

That's just it. The passenger was not injured, didn't tell the police report that she was injured, and went to work the next day fine. This was in August. Then in October I got a letter saying she was filing a lawsuit for her injuries. She says an old injury was aggravated by the accident.
I asked a lawyer and he said the insurance should cover it, because the amount she is suing for is never the amount that is finally agreed upon. But its possible that she might get a larger amount that the insurance wont cover. (I dont think so, if she cant prove she was injured in that accident -- it was an old injury, plus she was fine the next day.)
Anyway, what I'm worried about is that I am a widow with a 20 month old baby. I lost my husband on Sept.11 in the Trade Center. All the money I have, which isnt much, is from charities such as Red Cross, and his company's charity. Can she take this from me?

Thanks so much for your help!

**A: no. Please have a talk with your insurance agent. I am sure that you will worry less once you know what is going to happen.

 

[madforce]

Why isn't she suing the person that CAUSED the accident???? And what part of her "re-injured" body is worth $2M? I wouldn't let your insurance give her a dime, and I'd be very frank with her by telling her that you will prove she's faking it, and when you do, you will file charges against her. Put some fear into her and let her know you're not going to stand for this. If your insurnace pays her, not only will they do it behind your back, they'll raise your rates so high you get nose bleeds.

She willingly and knowingly got in a car being driven by an inexperienced driver (not that it was even the driver's fault). She needs to take responsibility for HER actions. She probably thinks you got a ton of $$ from the WTC relief funds and thinks this is her opportunity to get rich. You've been through enough already...put this "injured" girl in her place.

 

[ChristinaNY]

She is suing the person who caused the accident, along with us. And get this, her husband is suing us because his wife wasn't able to perform her wifely duties, resulting in their divorce. Can he do this? Sounds ridiculous to me.
I hope I get a sensible judge.

 

[madforce]

Gawd...and I thought the woman suing Micky D's for the coffee being too hot was ridiculous.

Oh shoot...my wrist is hurting from typing messages to the forum. Is there a lawyer in the house? I want to sue my neighbor because my wrist hurts (he introduced me to a friend that had a party where I met this girl that works at Circuit City where she gave me a deal on my modem, and if it wasn't for this modem, I wouldn't be on-line right now typing this).

 

[ChristinaNY]

Madforce, that is too funny! Thanks for cheering me up.

 

[ChristinaNY]

New question

OK, new question, but related...if I take my money out of the bank to hide it before the court date, will they find out? (I just want to be on the safe side, you never know with this wonderful justice system we have...)

 

[madforce]

Unless you feel your daughter was neglegent, then the plantiff has no grounds to win a suit against you (or your insurance). Therefore, hiding your money probably isn't necessary.

 

[stephenk]

how much insurance coverage is on the vehicle? your carrier will attempt to negotiate a settlement within your policy limits, if your daughter was negligent. Rarely, if ever, does a plaintiff try to go beyond the insurance coverage to go after assets of a person. It is too difficult and time consuming. Plus, they would have to go to trial and get a judgment that is above your policy limits.

If this was a minor accident with soft tissue injuries, dont worry what the lawsuit papers claim as damages.

The passenger does not have to really care who pays - your daughter or the other driver. Why? Because the passenger did not do anything wrong.

So, first off, dont contact the passenger who is suing you. She is represented by an attorney and you are not allowed to contact her to discuss the case or that you will sue her or threaten she will get nothing. Ignore her.

Keep in contact with your insurance claims adjuster who is handling the claim and the attorney the carrier hires to represent you. If you have worries or questions, call or email the attorney.

I tell my clients that the insurance company hired me to worry about their case. That's why you paid all those reasonable premiums over the years

 

[ChristinaNY]

Thanks, I feel better. No, I don't feel my daughter was negligent. All that happened was, she was driving along at the speed limit when she got to an intersection and the person who had the stop sign didn't see her and they collided at the corners of their cars. Not too much damage. The other car's insurance paid for it, it came to about $1200 damage. That's not much, with the price of repairs these days. So, it was the other party's fault, since they should have been more careful at the stop sign. There was a double-parked car preventing them from seeing my daughter coming, but since they had the stop sign, its up to them to make sure no one is coming before proceeding, right?

The injury this woman is claiming is that she put her arm out when she saw they were going to collide and hurt her wrist, (she wasn't wearing a seat belt) and also her neck hurt later from a previous injury.

Thanks for all your help, everyone. I feel alot better. I'm going to talk to the insurance co. Monday.