If you ever find yourself in an automobile accident where your friend was the driver, you might be grappling with the question: should I sue my friend? To possibly easy your mind on this issue, let me recount a recent case I dealt with.
Sue My Friend?
I represented a young man, just 18 years old, who found himself in a serious car accident. He was a passenger in a vehicle driven by a close friend, who unfortunately lost control of the car while driving too fast around a curve. The car collided with a tree, resulting in a severe accident that landed my client in the hospital. The friend was undoubtedly at fault.
In our first discussion, my client was apprehensive about pursuing a claim against his friend. He was concerned about the potential financial repercussions for his friend. However, after a thorough discussion, he decided to move forward. We filed an insurance claim against his friend’s automobile insurance company, demanding they pay the insurance policy limits given the friend’s clear liability.
The insurance company conceded and agreed to pay out the insurance policy limits. The hitch, however, was that the coverage was limited to the state-required minimum of $25,000.
The Benefits of Underinsured Motorist Coverage
During our case intake, we discovered that my client, who still lived with his parents, could leverage his parents’ automobile insurance coverage. Their policy provided $100,000 of underinsured motorist coverage. In Kentucky and many other states, if you live with a relative, you are eligible to pursue an underinsured motorist claim under the relative’s automobile policy.
Underinsured motorist insurance coverage offers insurance coverage for injuries sustained in a motor vehicle accident when the at-fault driver’s insurance falls short of covering all your damages.
So, we demanded the parents’ insurance company to pay out the $100,000.00 underinsured motorist policy limits. Following the agreement of the friend’s insurance company to pay the minimum limits, the parents’ insurance company eventually conceded and agreed to pay the full $ 100,000.00 policy limits.
Without pursuing the claim against the friend, it would have been nearly impossible to get the underinsured motorist carrier to pay a dime, given the complex laws that govern preserving an underinsured motorist claim. As a result, my client received a total settlement of $125,000, factoring in both the friend’s policy limits and his parents’ underinsured motorist insurance coverage.
You Do NOT Have To Pursue Your Friend’s Personal Assets
The primary takeaway from this scenario is that pursuing a claim against your friend does not mean you have to go after their personal assets. You can choose only to seek compensation from the insurance companies involved. In the case of my client, we didn’t take a single cent from his friend’s pockets. When I told my client this, it eased his mind and made him comfortable with pursuing the claim.
Secondly, you may not have to sue your friend after all. Many times, insurance injury claims are settled without filing a lawsuit. In the case of my client, we managed to get him the policy limits without having to sue his friend in court. We were able to settle the case without any court proceedings.
In conclusion, using a friend after a car accident might seem daunting, but it can be instrumental in securing the compensation you need after sustaining injuries in a car accident.
Sue My Friend? If You Were Injured In Your Friend’s Vehicle During A Car Accident Contact Us Today!
Injuries from a car accident can put you in a difficult spot. You might be unable to work and incur significant pain and suffering. Even worse, fatalities in car accidents in Kentucky appear to be on the rise. We are here to help. If you are concerned about pursuing your friend or their insurance company for injuries sustained in a car accident, we are happy to discuss your legal options with you. All lawyer consultations are free. We handle car accident cases across Kentucky, including in Bardstown, Crestwood, Elizabethtown, La Grange, Louisville, Middletown, Mount Washington, Radcliff, Shelbyville, Shepherdsville, Shively, and Simpsonville. Remember, if you’re injured in a car accident in Kentucky, Don’t Wait, Call Tate!
