Who pays when someone drunk borrows your car in an accident?
My son was hit by a drunk driver. The driver did a hit and run. My son started having headaches, throwing up, feeling dizzy, sleeping a lot. The doctor concluded he had a concussion. My son also had a huge scar on his forehead and a lump. The lumo went away after about a month. The scar is still there. Anyhow, he went to the neurologist for treatment. About 4 months later, the neuro released him. He drove to a friend's house, on his way, he passed out and totaled out his car. He went back to the neuro and the neuro said his concussion may not have been completely healed or the last accident has triggered something going off in his brain. She said he could be having seizures. He was supposed to try to work full time, but ever since that accident he hasnt been right. My question, if he has debilitating possibly life altering injuries, because we dont know when/ if he can drive again. What can he do? The driver got charged with DUI. This was a hit and run. He was driving someone else car with permission. The driver has to take responsibility, but my question if his injuries become life altering and his insurance company cant cover the cost. Do they go after the guys insurance, too? I ask because my son is not the same, and he is only 21.
回答 (1)
This is both a jurisdictional and circumstantial legal issue.
Whomever pays, is the person /organisation that can either be coerced by lawyers or directed by the courts.
The key wording here may be "he was driving someone else's car with permission".
Did the person loaning the car out, know the driver was impaired in some way?
Did they check whether the driver had a valid licence?
Was it indeed with permission or did the driver just take the keys from a table top?
If the driver is named, then should they perhaps accept full legal responsibility for financial compensation instead of the owner?
These questions and more must first be ascertained, to determine culpability and responsibility.
Consider also the insurance company position on costs. They may be liable for far more than they are willing to cover. On that matter you should certainly seek legal advice.
If he's diagnosed as disabled, he might be eligible for social security disability (SSI). People who receive SSI benefits automatically get put on State medical insurance.
收錄日期: 2021-04-24 07:43:48
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