Page 1 of 2 1 2 LastLast
Results 1 to 10 of 18
  1. #1
    Join Date
    Mar 2015
    Posts
    8

    Default Why Can't a Passenger Sue a Driver for Injuries Caused by an Accident

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

    Hi. I was a passenger on a motorcycle that was rear-ended by a drunk driver. Hired an attorney and got the minimum policy. Signed off on going after the guy that hit us any further. Now Id like to sue the motorcycle drivers insurance company. He had full coverage insurance. He also tested positive for amphetamines in the ER. Why isn't this enough to get compensated for my injuries and pain and suffering? I had extensive injuries and was in a wheelchair for over 3 months. I don't understand why I pay for insurance on both of my vehicles, but cant get any compensation even after being injured severely.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,783

    Default Re: Why Isnt Being a Passenger (Injured) Enough to Sue

    why would you sue the motorcycle driver's insurance company? What did they do to you?


    I don't understand why I pay for insurance on both of my vehicles, but cant get any compensation even after being injured severely.
    what does your vehicles or your insurance have to do with anything here?

    but to the next step: why would the driver of the motorcycle be liable to you for your injuries?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Why Isnt Being a Passenger (Injured) Enough to Sue

    You can sue the driver for negligence. The issue is what jk has identified -- there has to actually be negligence in order to have a viable personal injury case against the driver. While exceptions can arise, most of the time responsibility for a rear-end collision is solely attributable to the driver who hits you.

    The fact that somebody tests positive for the past use of amphetamines does not of itself mean either that the person was intoxicated at the time of an accident or that the person was negligent at the time of the accident.

  4. #4
    Join Date
    Mar 2015
    Posts
    8

    Default Re: Why Isnt Being a Passenger (Injured) Enough to Sue

    If Im driving your grandmother around in my car and we get hit by a drunk driver and she gets severely injured. The drunk driver only has minimum liability insurance of $25,000. Your grandma sustained serious injuries, 4 broken ribs (6-10) collapsed lung, collapsed bladder, lacerated spleen, broken hip. 5 compression fractures in her back, cracked femur...shall I go on?? She is confined to a wheelchair for over 3 months, has no income and basically loses everything because of this. The $25 thousand doesnt begin to cover her hospital bill let alone pain and suffering. When I drive someone around in my car, i feel responsible for them as i drive as careful and take every precaution to keep us all safe. If by chance we had a wreck, I feel better knowing that I had insurance to that would cover her injuries and medical bills. Some people dont have insurance or they dont have enough insurance. I thought I pay for insurance so in case that something happens itll be taken care of..

  5. #5
    Join Date
    Jan 2006
    Posts
    38,783

    Default Re: Why Isnt Being a Passenger (Injured) Enough to Sue

    what does this have to do with your grandmother and your car. Your question asked about a situation where you were the passenger on a motorcycle.

    the law deals with things like culpability and liability. A person is not liable when they are not culpable and in some situations, they are liable when they are culpable.


    but there is a possibility here; did your friend, the motorcycle driver, have underinsured bodily injury coverage? If so, file a claim with motorcycle driver's insurance.

  6. #6
    Join Date
    Oct 2006
    Posts
    15,736

    Default Re: Why Isnt Being a Passenger (Injured) Enough to Sue

    Quote Quoting enjen73
    View Post
    If Im driving your grandmother around in my car and we get hit by a drunk driver and she gets severely injured. The drunk driver only has minimum liability insurance of $25,000. Your grandma sustained serious injuries, 4 broken ribs (6-10) collapsed lung, collapsed bladder, lacerated spleen, broken hip. 5 compression fractures in her back, cracked femur...shall I go on?? She is confined to a wheelchair for over 3 months, has no income and basically loses everything because of this. The $25 thousand doesnt begin to cover her hospital bill let alone pain and suffering. When I drive someone around in my car, i feel responsible for them as i drive as careful and take every precaution to keep us all safe. If by chance we had a wreck, I feel better knowing that I had insurance to that would cover her injuries and medical bills. Some people dont have insurance or they dont have enough insurance. I thought I pay for insurance so in case that something happens itll be taken care of..
    The point is that you cannot sue an insurance company, you can only sue the person they insured (whom the insurance company would then represent). If the person they insured has no negligence for the accident, then its a done deal, there is no hope of winning the suit or collecting anything. If your grandmother had medical insurance, then her insurance would pick up the medical costs and would subrogate against any award she would receive, and would maybe go after the negligent party for any shortfall.

  7. #7
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,635

    Default Re: Why Isnt Being a Passenger (Injured) Enough to Sue

    You're not understanding that the motorcycle that you were on has no liability because it was rear-ended. The motorcycle coverage owes you nothing.

    Your beef is with the other party's insurance company and you signed off on your right to sue that party in court for your medical bills along with pain and suffering.

    Once you sign for the $25000, the boat sails and never returns. Call whom ever you owe medical payments to and ask what is the least that they will except for payment to close the bill.

    You have $25000 to do so, do it wisely and you may have a chance of paying off $50000 in bills with that $25000. If your medical exceeds what can realistically be covered, then you shouldn't have signed. You should have waited to you were done with treatment and seen what your bills would be. Then sued them for all costs as well as pain and suffering.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  8. #8
    Join Date
    Mar 2015
    Posts
    8

    Default Re: Why Isnt Being a Passenger (Injured) Enough to Sue

    Im almost positive the driver of the motorcycle was tired and possibly falling out every now and then. I didnt even think about it before because being ran over and almost killed by this kid was a very painful life changing occurence. I hadnt even thought about what took place before we got on the motorcycle. He had been working out of town for 2 days and just got home. It was a long drive to and from work. He got in, took a nap, woke up and went for a ride. This was about 1 am. He decided to wear his full faced helmet and I was wearing my normal skid lid. We got down by the highway along the river and it was super buggy. At one point I remember thinking why is he going so slow? Is he awake? Must be because of the bugs. I just kept my head directly behind his helmet to hide from kamakaze june bugs. We came up to a green light with us having the right away at a 3 way intersection. There was a white truck to our right coming at his red light like he was not going to stop- so we slowed down, the truck slowed down before the light, so we went on thru our green light. Next thing I remember was waking up in a ditch numb from the neck down gasping for air.......The kid in the white truck turned out behind us, blacked out with his foot on the gas and never hit the brake pedal once. Wide open rear ended. I never knew what hit me but the driver of the motorcycle was awake thru it all....

  9. #9
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Why Can't a Passenger Sue a Driver for Injuries Caused by an Accident

    Theory, does not translate into liability. Facts do. Such as the fact you assumed a greater risk of injury by electing to ride on a motorcycle.

    You want to pyramid liability to make a case, based on a theory.

  10. #10
    Join Date
    Mar 2015
    Posts
    8

    Default Re: Why Can't a Passenger Sue a Driver for Injuries Caused by an Accident

    No, we lived together, I know he was extremely tired and had driven many hours home. took an hour nap got up and got on the bike.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Traffic Accidents: Car Passenger Sued Along With the Driver After an Accident
    By domsmom in forum Accidents and Injuries
    Replies: 13
    Last Post: 06-27-2014, 10:14 PM
  2. Traffic Accidents: Sued for Injuries Caused by the Driver of a Van I Sold
    By snowyegret in forum Accidents and Injuries
    Replies: 9
    Last Post: 06-22-2013, 10:21 AM
  3. Traffic Accidents: How to Get Compensated for Injuries Caused By an Uninsured Driver
    By yiqiesuiyuanba12 in forum Accidents and Injuries
    Replies: 1
    Last Post: 08-24-2012, 06:55 PM
  4. Traffic Accidents: Driver Caused Injuries but Has Insufficient Insurance for Damages
    By sarizona in forum Accidents and Injuries
    Replies: 3
    Last Post: 06-16-2012, 06:38 PM
  5. Traffic Accidents: Driver Caused Injuries but Has Insufficient Insurance for Damges
    By kingbudd in forum Accidents and Injuries
    Replies: 3
    Last Post: 05-10-2012, 10:25 PM
 
 
Sponsored Links

Legal Help, Information and Resources