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Am I entitled to any type of settlement

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landt1221

Junior Member
What is the name of your state (only U.S. law)? Minnesota
I was a passenger in a car that was driven by a friend of mine. She had been drinking and pulled out in front of another car. I was the only one in the car that was injured. I broke and bruised ribs. In Minnesota we are no fault so my insurance payed the medical bills and my missed work. Am I entitled to any type of settlement for pain and suffering?
 


cyjeff

Senior Member
Entitled is a bad word to use. It has a connotation that you have a birthright to a specific benefit.

Unless you are landed English gentry, that doesn't really apply.

You can always get an attorney and sue your friend... but know that you will be suing the driver... the driver's insurance has, most likely, disavowed any claim due to the DUI.
 

ecmst12

Senior Member
I have never seen a policy that excluded coverage for dui, even if the driver was prosecuted for it. Insurance is there to cover negligence, even gross negligence like dui.

You can make a claim for pain and suffering but don't expect a windfall if you have no permanent damage from your injuries.
 

cyjeff

Senior Member
If the OP is going to sue for negligence, yes.

If the OP is going to sue for reckless behavior, no.
 

VeronicaLodge

Senior Member
does the OP have any culpability for knowingly and willingly getting into a vehicle being driven by someone s/he knew to have been drinking?
 

ecmst12

Senior Member
If the OP is going to sue for negligence, yes.

If the OP is going to sue for reckless behavior, no.
That doesn't make any sense. OP is going to sue the driver for causing his injuries, through negligence or recklessness it does not matter. As long as there is no evidence that the driver was INTENTIONALLY crashing the car, there will be coverage. It doesn't matter that he was drunk, at least not for the purposes of coverage.

As far as whether OP has any comparative negligence for knowingly getting in the car with a drunk driver, possible but doubtful. Passengers almost universally get 0% fault, unless perhaps they were actively distracting the driver or something like that.
 

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