Can I sue for personal injury negligence? 33 Answers as of February 17, 2012

That's exactly what you are doing. Why you can "only get 50k on 100k policy" is another question.

Of course you can sue. But why would you? It may seem counterintuitive but the negligence of which you complain does not count. It is undisputed that the other driver caused the accident. You could add the facts that the other driver was drunk, texting, and speeding with no difference in the result. The ONLY other factor in assessing value of your claim is the extent of your injuries. If the extent of your injuries do not merit recovery in excess of $50,000.00, it wouldn't matter if there was a $10,000,000.00 policy. You would still get $50,000.00. If your injuries DID merit recovery beyond $50,000.00 and you are saying that the other driver (through the friend) had a $50,000.00 / $100,000.00 policy, that means that no more than $50,000.00 per person or $100,000.00 per accident (whichever is less), will ever be paid. The policy could not pay a penny more unless a second person was injured. If you do have more severe injuries that merit recovery in excess of the $50,000.00, you CANNOT take a penny of the $50,000.00 until AFTER you win at trial. To get any money, you would have to sign a release. The release would prevent you from bringing suit. Moreover, say you go to trial and get a $300,000.00 judgment against an average person. They would simply discharge it in bankruptcy and you would be left with the same money you had before trial LESS about $10,000.00 to prepare for trial. No attorney would suggest such a waste of time and money. The only way to protect yourself in such a situation was for you to have more insurance. For about $100.00 a year more, you could have purchased a $500,000.00 policy. If you had done this, you could just tell the at-fault driver's insurance to pay your insurance company. In turn, you would file an underinsurance claim with your carrier. If you cannot agree on a sum, the matter is arbitrated. This saves much of the time and expense which is associated with a jury trial. Unfortunately, once you pay your medical bills (or the insurance or government entity that paid them) and your attorney, you may have very little or no recovery. It is even possible you could be in debt. In future, carry more insurance. Your attorney should have explained all of this on your first visit.

If you are already being represented by a lawyer, you need to ask him the question. You won't be able to get any money from her insurance company without giving her a full & complete release which will bar any actions against her. If you spent 6 days in the hospital, your medical bills may exceed $50k, so you need to ask your lawyer why the insurance company is only offering $50k.

Without knowing more, it would seem that you should be able to get the entire 100,000.00 so either the lawyer is lazy or afraid to file a lawsuit because some lawyers don't like going to court.

I'm not sure it is clear why your lawyer can only get $50,000 on a $100,000 policy, unless the limits are 50 per person/100 per accident. Regardless, assuming that your lawyer has exhausted the liability policies available (both the driver's and the owner's insurance), you may have an uninsured/underinsured claim under your own auto insurance if your limits are greater than theirs. Yes, you can pursue a claim against the owner of a vehicle if he or she knowingly allowed an unlicensed driver to operate a vehicle; however, you need to be careful because you may have to prove that the owner should have known that the unlicensed driver was reckless or not able to drive safely, in addition to not being licensed. This is something your attorney should be able to discuss with you at length.

You could sue her insurance company or the person driving the car. Someone needs to look at the facts, it doesn't mean that you will win.

Yes, under the negligent entrustment theory.

In Indiana there is a concept known as "negligent entrustment," but I don't believe that a mere lack of a driver's license by itself is enough to prove one. It sounds as if you already have counsel. It is possible that the case is only worth $50.000. You have not provided enough facts to evaluate it.

The owner will be just as responsible as the driver in most circumstances. Be careful the settlement you mention will likely require a global release of all claims.

Did you have insurance? You may be able to get more insurance.

You are going after her for negligence.

Why can your lawyer only get 50k on a 100k policy? With injuries that leave you in the hospital for 6 days and a non-licensed driver, I would not accept less than the policy limits. You also need to know if there are any other coverages, umbrellas etc. or whether the driver was running an errand or on the job which may discover any other potential insurance coverage.

If you want to sue the lady who let the guy borrow the car, your cause of action is something called negligent entrustment. You can sue her for that but you have to prove she knew or should've known he was a careless driver.

Your attorney should be able to get more than $50,000. You should call for a free second opinion.

Yes. Negligent entrustment.

You can sue someone who negligently entrusts their vehicle to someone who should not be driving. Since this person apparently did not have a driver's license there is probably a reason why their license was suspended. It would obviously be helpful if the person who loaned the car knew that the driver was unlicensed and why. I recently sued a woman for loaning her car to a drunk driver who ended up killing a pedestrian. Clearly in that situation, when she knew the driver was intoxicated, she was negligent in letting him drive her car. I don't know what you mean by your statement that the lawyer can only get 50K on her 100k policy. If you sue the owner of the car her insurance indemnifies her (pays on her behalf) up to the policy limit. The fact that the lawyer is telling you that you can only get 50k may mean that in his or her opinion that is all that your case is worth. That may be because the insurance company thinks you are partially responsible for the collision or for myriad other reasons. You should talk to your attorney so that you have a good understanding of your case. You cannot make a good decision without doing that.

Not if you settle with her insurance company.

You can definitely go after them both for negligence. I am not sure what you mean by " The lawyer can only get 50k on 100k policy on her insurance" but you should consult a good lawyer quickly.

In Michigan, a motorcyclist gets all of their No Fault benefits from the driver who was at fault including lost wages attendant care and medical bills. The pain and suffering damages is limited to the policy of insurance.

If you are represented but an attorney you should make sure that he has exhausted all available insurance coverage. I am not sure why you are only able to collect 50,000 unless the policy is a 50,000.00/100,000.00 which means you are limited to 50,000 per claimant. I assume you did not have underinsured coverage which might provide for additional coverage. Please note that if you accept the insurance coverage you will be required to release the responsible party and will be precluded from proceeding personally against her. The insurance company will not pay the policy limits if you want to proceed against her personally.

If you don 't accept the settlement and she has collectible assets.

There is a cause of action called negligent entrustment. It might be a valid claim that the owner negligently entrusted the vehicle to the unlicensed driver. However, whether there is additional insurance money would be determined by the language of the insurance policy between the owner and the company. If she has sufficient personal assets it might be worth pursuing a case against her directly. Such a case would be difficult but if the facts are aligned appropriately you might prevail.