What is the name of your state (only U.S. law)? Maryland
We were invited on a co-worker's boat/jet ski. he was towing my daughter on a float with jet ski belonging to his son, whom also works for same company. he then made a sharp turn can caused the float to slam against his boat. as result, my daughter was knockout; face down in water motionless for a minute. everyone on board jumped in to help. my wife was freaking out; called 911, but she came to and everyone was relieved. we made it back to dock and took her to the ER. she had a concussion and made a full recovery.
months later, my health insurance denied the claim due to a clause in policy forbidding hazardous activities. medical bills are just over $10K. he didn't have boat insurance nor insurance on the jet ski. I asked my co-worker if he'd help with the costs; at first he said yes; but when I asked for 50/50 split, he claimed he didn't have any money. Months goes by and I am dealing with hours upon hours of calls with hospital and seeking outside counsel.
I filed an suit against him through Circuit Court for the maximum $30K allowed for injuries, pain and suffering. Co-worker says Assumed Responsibility will find him 100% not liable; but willing to settle rather pay attorney fees; reverting to our previous agreement of 50/50 split. I think he's taking advantage by not owning up unless forced to.
would my case stand up in court or is he right about Assumed Responsibility?
Thanks.
he has purchased boat insurance after this incident.
We were invited on a co-worker's boat/jet ski. he was towing my daughter on a float with jet ski belonging to his son, whom also works for same company. he then made a sharp turn can caused the float to slam against his boat. as result, my daughter was knockout; face down in water motionless for a minute. everyone on board jumped in to help. my wife was freaking out; called 911, but she came to and everyone was relieved. we made it back to dock and took her to the ER. she had a concussion and made a full recovery.
months later, my health insurance denied the claim due to a clause in policy forbidding hazardous activities. medical bills are just over $10K. he didn't have boat insurance nor insurance on the jet ski. I asked my co-worker if he'd help with the costs; at first he said yes; but when I asked for 50/50 split, he claimed he didn't have any money. Months goes by and I am dealing with hours upon hours of calls with hospital and seeking outside counsel.
I filed an suit against him through Circuit Court for the maximum $30K allowed for injuries, pain and suffering. Co-worker says Assumed Responsibility will find him 100% not liable; but willing to settle rather pay attorney fees; reverting to our previous agreement of 50/50 split. I think he's taking advantage by not owning up unless forced to.
would my case stand up in court or is he right about Assumed Responsibility?
Thanks.
he has purchased boat insurance after this incident.