Accident with an unruly passenger

Florida

I was recently in a car accident with an unruly passenger. While I was driving, this person proceeded to cover my eyes from the passenger seat multiple times. I asked to stop and they did not. I then ran a red light unknowingly and crashed into another vehicle.

The person covering my eyes got hurt because he was not wearing his seatbelt and had his back completely against the dashboard.

My insurance paid for this persons medical expense along with the accident and damages.

Now, the person I had the collision with is now suing me for pain and suffering... They are suing for more than what my insurance will cover. I only had PIP insurance.

Any advice would help very much. Thank you in advance.

You can try to join the passenger as a joint tortfeaser if you'd like (or ask for contribution), but, the real answer will be you should have stopped driving and I don't know if it will help.

What the passenger did may have been stupid, but YOU could have gotten out of the car and refused to proceed until he put his seatbelt on and behaved himself. The driver is ultimately responsible for operating the vehicle in a safe manner. Are you a teenager?

At any rate, when your insurance company appoints a lawyer to defend you against this lawsuit you can certainly give the lawyer this info to hopefully use in your defense, but I don't know how helpful it will be. Were there any witnesses to this dangerous behavior? Other passengers?

tranquility. You are right.
Hindsight is 20/20 :/

ecmst12, No witnesses but me. I don't know if it proves it but my passenger had very specific injuries that suggest he was sitting with his back against the dashboard.

You both are right as far as me stopping the car. But I don't know if I had the time.

It's not an excuse, but I thought about stopping when it was happening and I remember trying to figure out where I could stop. There was a car on my left blindside and there was a truck immediately to my front right. Then I looked up to see the road and my passenger covered my eyes again. After she removed them, I saw a car and I tried to avoid it but wasn't able to.

It just feels terrible. I believe I tried my best with the bad situation. I wasn't drinking and driving, I had insurance and I did make an attempt to find when and where I could stop...

Also, since my insurance paid for my passengers hospital bill and I didn't mention it on the initial report because frankly, I was in complete shock... And my lawyer works for the insurance company ( I have paperwork he is allowed to discuss teh case with my insurance company )... Does this mean I can get in trouble for telling the truth?

The lawyer is hired by your insurance company but his job is to defend you.

Your insurance paid the hospital bill because PIP coverage is no-fault. Pain and suffering is a different matter.

northis2south said:

tranquility. You are right.
Hindsight is 20/20 :/

ecmst12, No witnesses but me. I don't know if it proves it but my passenger had very specific injuries that suggest he was sitting with his back against the dashboard.

You both are right as far as me stopping the car. But I don't know if I had the time.

It's not an excuse, but I thought about stopping when it was happening and I remember trying to figure out where I could stop. There was a car on my left blindside and there was a truck immediately to my front right. Then I looked up to see the road and my passenger covered my eyes again. After she removed them, I saw a car and I tried to avoid it but wasn't able to.

It just feels terrible. I believe I tried my best with the bad situation. I wasn't drinking and driving, I had insurance and I did make an attempt to find when and where I could stop...

Also, since my insurance paid for my passengers hospital bill and I didn't mention it on the initial report because frankly, I was in complete shock... And my lawyer works for the insurance company ( I have paperwork he is allowed to discuss teh case with my insurance company )... Does this mean I can get in trouble for telling the truth?

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he or she?

john39 said:

he or she?

Click to expand...

Im trying stay anonymous here!

ecmst12, thank you so much for your advice.