Owner Was Not the Driver

[Caren]

My question involves an injury that occurred in the state of: North Dakota

My son borrowed a truck to go on a double date on Aug. 30 2009. He let the other boy drive for awhile...they got into an accident...my sons back was broken, spinal cord severed and he spent 6 days in the hospital. He needs care at home now. No one else was injured.
Their were no other vehicles involved...just their truck overturning into the ditch because the boy driving overcompensated when tires went off road...they were not going fast accourding to the highway patrol.
We turned in the med bills to the owner of the trucks insurance...now their adjuster wants to 'interview' my son...my son and I have no insurance...no vehicle...does the adjuster coming mean the owners insurance will not pay?

[SChinFChin]

If the adjuster DOES NOT come, how is the insurance company goiing to figure out how much is owed?? Say you made up an amount of $2,000,000, are they just going to take your word??

An adjuster is always assigned, as police are always called to make police reports. It's all part of the process.

I had a business, and even for minor slip and falls, an adjuster comes by to take pictures and measurements. They then determine if they will pay.

[www.utlawhelp.com]

It is not surprising that an adjuster would call you. Adjusters are assigned to investigate even the most obvious cases. Liability seems relatively straightforward on your case. Insurance coverage might be a little more complicated. To get coverage, you will need to show that the boy driving was a permissive driver. Sounds like someone gave your son permission to drive the truck and your son gave permission to the boy who wrecked it. That should count as permissive use but the insurance company might argue otherwise.
The other thing you need to look into is what insurance coverage is available and what other claims will be made against that insurance. Did the driver have seperate insurance that might also cover the accident? Is an umbrella policy available? If other claims are made and it is a policy limts case, who will get what?
With injuries this severe, I suggest that you at least consult with an attorney. Most personal injury attorneys do free initial consultations. You may decide that the attorney can't help your son enough to justify a 1/3 fee but at least you'll make that decision more informed after the consultation.