Can I sue my friend's insurance for physical injuries and suffering? 3 Answers as of April 16, 2012

In July I was on the way to pick up my girlfriend in her car and I crashed due to the rain (the police report states "weather" was cause of accident) I had 7 broken bones, 6 herniated disks, months of pain including current pain, and two surgeries. I collected disability for 6 months and no-fault has paid for my medical bills and my salary. Now nofault wants me to apply for social security disability and will cover the difference of my salary. I have been told by a couple people that I can sue my friend's insurance company. I know her coverage is 500,000 for injury. Do you think I have a case? I did have permission to drive her car. What are the laws regarding a case like this?

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Lutwin & Lutwin, LLP | Joel M. Lutwin
Unless you can show someone else caused the accident - NO.
Answer Applies to: New York
Replied: 4/16/2012
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
No. You caused the accident. The crash was not due to the rain, it was due to your failure to keep control of the vehicle. You could only sue the insurance company if they were not paying something that they are legally obligated to pay. But, from your description, they are doing exactly what they are supposed to do. So, apply for the SSD and do the best you can with that.
Answer Applies to: New York
Replied: 4/16/2012
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Unless I am misreading your question, you were the driver in a one car accident and now you want to know if you can recover for an accident you were in, is that correct? If so, then the answer is "NO." You were the driver. Unless you feel you can sue "the weather" it would be rather hard to recover for an accident in which you were the driver. However, perhaps there was an engineering problem with the road, the drainage, the pitch of the road, etc. that you can then sue the county or state for having a bad road when rain hits it. The other option is that the car had bald tires, no brakes, etc. However, you still have to overcome the fact that you were driving and should have been responsible for your actions which caused your injuries. That's most likely the bottom line on this question. Perhaps you could sue yourself if you had insurance. The fact of the matter is a law suit recovery is only available against those who are somehow liable for your injury. In this case, that person appears (without further investigation) to be you. As a result, it is highly unlikely that you have anyone to sue, but speak to a personal injury lawyer and perhaps they can be creative and find someone to sue for you. Good luck.
Answer Applies to: New York
Replied: 4/16/2012
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