Can I sue the other drivers insurance and the car I was in insurance? 28 Answers as of February 04, 2013

I was in a car accident my driver had been drinking even though it seems like his fault already it wasn't. He had actually stopped for the stop sign and when he continued another driver sped through the other sign on the same intersection and t-bones us I had to get 5 stitches in my head and my wrist is swollen so is my leg.

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Benson Law Firm
Benson Law Firm | David Benson
Yes, you may be able to recover from each of the drivers. Whether their respective insurance companies will pay and how much depends on fault and the nature of coverage.
Answer Applies to: Ohio
Replied: 2/4/2013
Law Office of Christian Menard
Law Office of Christian Menard | Christian Menard
Am not sure of the second part of your question, but as to the first part, most definitely you can sue the other driver for T-boning you. As to the intoxication of your driver, you are right, i.e., the intoxication becomes irrelevant if it had no causal connection in the resultant accident.
Answer Applies to: California
Replied: 2/1/2013
Durham Jones & Pinegar | Erven Nelson
Yes, you should file claims with both insurance companies. If they won't settle after you have completed your treatment and recovery, file a lawsuit against both of them.
Answer Applies to: Nevada
Replied: 2/1/2013
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Sue both drivers. You do not sue insurance companies.
Answer Applies to: California
Replied: 2/1/2013
Paul A. Lauto, PLLC
Paul A. Lauto, PLLC | Paul A. Lauto
You have a potential cause of action against the operators and owners of both vehicles In New York State motor vehicle owners are vicariously liable for the acts of the operator with consent. You should consult with an attorney as soon as possibe, as there are many factors to consider, strict filing time lines and a statute of limitation that must be complied with.
Answer Applies to: New York
Replied: 2/1/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    You would have a potential claim against both the driver of your car and the driver of the other car. You would not have a direct cause of action against either's insurance carrier, although that's where you would start the process of requesting to be compensated for your injuries. I suspect, however, that the insurance companies for both of the other drivers will argue that you have some fault in the matter for riding a in a vehicle where you knew that your driver was impaired.
    Answer Applies to: Ohio
    Replied: 2/1/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    My theory is that since you may be considered innocent, you should sue them both.
    Answer Applies to: Michigan
    Replied: 2/1/2013
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    Washington is a comparative negligence state. Thus, if your driver was say 10% at fault and the other driver was 90% at fault, and you were fault free, you can sue both of them, and if there is no way to segregate what injuries and damages were caused by which defendant, they can be held jointly and severally liable for all of your damages. Your ability to recover from the defendants will probably depend upon the insurance policy limits that they each carry.
    Answer Applies to: Washington
    Replied: 1/31/2013
    Reade & Associates
    Reade & Associates | R. Christopher Reade
    You would not sue the insurance companies. However you could bring an action against (a) the driver of your vehicle and (b) the driver of the other vehicle.
    Answer Applies to: Nevada
    Replied: 1/31/2013
    Stephens Gourley & Bywater | David A. Stephens
    You can sue the drivers.
    Answer Applies to: Nevada
    Replied: 1/31/2013
    LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
    You can choose between the driver of your vehicle and/or the other driver they both could be comparatively negligent for the cause of this accident.
    Answer Applies to: California
    Replied: 1/31/2013
    Law Offices of Mark West
    Law Offices of Mark West | Mark West
    You can sue the other driver and possibly your own driver. (this will get you to the insurance policies). Depending on who is determined to be at fault that insurance policy's liability coverage should pay. There might be some comparative negligence found against you for getting into a car driven by someone you knew to be under the influence.
    Answer Applies to: California
    Replied: 1/31/2013
    Mike Lewis Attorneys | Mike Lewis
    You must consult an attorney.
    Answer Applies to: North Carolina
    Replied: 1/31/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    When you let someone drink and drive you are exposed as at least partly at fault.see a good lawyer for a full review of the facts.
    Answer Applies to: North Carolina
    Replied: 1/31/2013
    David P. Slater, esq.
    David P. Slater, esq. | David P. Slater
    Florida auto law permits a lawsuit for pain and suffering, if you can prove a permanent,serious injury.
    Answer Applies to: Florida
    Replied: 1/31/2013
    Law Offices of Stanley S. Lopata
    Law Offices of Stanley S. Lopata | Stan Lopata
    You have the right to sue the driver and owner of the other car and your own driver, too. You are the most innocent party in the transaction and you must be compensated for your medical expenses, your lost income and your pain and suffering. Stitches to you head indicate that you probably suffered a concussion and that MUST be checked out by the appropriate doctor before you agree to any settlement.
    Answer Applies to: California
    Replied: 1/31/2013
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Yes, you sue both drivers and let the court settle liability.
    Answer Applies to: Nevada
    Replied: 1/31/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    You will not be able to sue the other driver's insurance company, but you will be able to sue the other driver. If you win, his or her insurance company will pay up to the limits of the policy. That you can't sue the other driver's insurance is a bad law and should be taken off the books. Complain to your legislature representatives. Now, on the other hand, if your damages exceed the amount of available insurance of the driver that hit you, you can sue the insurance company insuring the car you were in for the rest. Weird, huh? The reason you can sue the insurance company of the car you were in is that you are considered to be an insured under that policy and the law allows you to sue them for breach of contract if they won't pay. Go figure.
    Answer Applies to: Alabama
    Replied: 1/31/2013
    Kevin H Pate
    Kevin H Pate | Kevin H Pate
    In an automotive accident there may often be multiple sources of compensation to compensate one for their injuries and associated pain and suffering. These can include the at fault driver, the vehicle one is riding in, and one's own insurance in certain circumstances, i.e. medical payments coverage. Engaging an attorney to assist you can help you identify the full nature of your injuries, and available recovery avenues to assure appropriate recovery for you. However, it is also correct to note that if one's injuries are not extensive, and there are not multiple injured parties, then additional recovery avenues do not equate to a larger recovery for the injured person.
    Answer Applies to: Oklahoma
    Replied: 1/31/2013
    Roberto Salazar
    Roberto Salazar | Roberto Salazar
    Since you we're a negligent free passenger you may go after both drivers and their insurance.
    Answer Applies to: Texas
    Replied: 1/31/2013
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You can bring a claim against both drivers that the insurance companies will defend.
    Answer Applies to: Connecticut
    Replied: 1/31/2013
    Law Offices of George H. Shers | George H. Shers
    You can and should make a claim with both insurance companies [you actually sue the insured and not the insurance company even though it pays for your injuries] since the other driver's insurance might deny its driver was 100% at fault.
    Answer Applies to: California
    Replied: 1/31/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You can sue the at fault driver (his insurance will cover damages up to the policy limits). From your description, I cannot tell who is at fault. You may have to sue your driver as well, in which case his insurance will cover it if he has a car with insurance. If he has none, your uninsured coverage will cover it. If the at fault driver does not have enough coverage to pay all of the damages, if you have underinsured coverage, it will provide additional insurance coverage for your injuries.
    Answer Applies to: South Carolina
    Replied: 1/31/2013
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