New York State
I was hit by an insured vehicle. A Jane Doe asked her father to borrow the car. Jane, Sue and Deb all left in Jane's dad's car on their way to a club. Jane and Sue had proper ID to get into club. Jean did not. Deb asked Jane for the keys. Jane handed Deb the keys. Jane initially said that Deb took the keys, but once her dad's insurance company had a hands off attitude about defending them they changed the story and said that she was in fact given the keys. Deb decided to take the car and go on a joy ride after picking up two guys and allowing one of them to drive Janes dads car. I was stuck from behind while sitting at a red light. I had surgery in July 2004, and this accident occured in Dec 2004. The surgey that was performed was damaged and caused additional injuries. I had surgery to correct this in July 2005. Now, my question is, isn't the automobile owner and his insurance company responsible for paying me for injuries and damages? Or, do I have to go to trial. I have requested a "high/low" be discussed between attorneys, and even had my attorney ask if they were willing to settle. What are the laws in a case like this?
I was hit by an insured vehicle. A Jane Doe asked her father to borrow the car. Jane, Sue and Deb all left in Jane's dad's car on their way to a club. Jane and Sue had proper ID to get into club. Jean did not. Deb asked Jane for the keys. Jane handed Deb the keys. Jane initially said that Deb took the keys, but once her dad's insurance company had a hands off attitude about defending them they changed the story and said that she was in fact given the keys. Deb decided to take the car and go on a joy ride after picking up two guys and allowing one of them to drive Janes dads car. I was stuck from behind while sitting at a red light. I had surgery in July 2004, and this accident occured in Dec 2004. The surgey that was performed was damaged and caused additional injuries. I had surgery to correct this in July 2005. Now, my question is, isn't the automobile owner and his insurance company responsible for paying me for injuries and damages? Or, do I have to go to trial. I have requested a "high/low" be discussed between attorneys, and even had my attorney ask if they were willing to settle. What are the laws in a case like this?