So, you were a passenger in an automobile that your friend was driving and you are asking yourself, should I sue my friend? To answer this question, let me tell you a story about a recent client of mine that I was able to obtain a $125,000 settlement for.
Client’s Story
I represented a young man, only 18 years of age when he had his motor vehicle accident. His accident happened when he was a passenger in a vehicle driven by his good friend. The friend was driving too fast when he went around a curve, lost control of the vehicle, and struck a tree. This was a severe accident that hospitalized my client. The friend was clearly at fault for the accident.
Initial Hesitation
I remember at first speaking with my client. He was debating on whether or not he should pursue a claim against his friend as he did not want to cause any financial harm to his friend. After speaking with him, he decided to pursue a claim. I signed him up as a client and filed an insurance claim with his friend’s automobile insurance.
Pursuing the Insurance Claim
I immediately sent a written demand asking that the friend’s insurance company pay out its policy limits since the friend was clearly at fault for the accident and liable to pay for my client’s injuries and damages. The insurance company agreed to pay out the insurance policy limits, but the bad news was that the policy limits were the state-required minimum limits of only $25,000. My client’s case was worth much more than that.
Underinsured Motorist Coverage
During the intake of this client’s case to my office, we knew that the client still lived with his parents and that his parents had automobile insurance coverage for the vehicles they owned that contained $100,000 of underinsured motorist coverage. Since my client still lived with his parents, he was eligible to pursue an underinsured motorist claim under his parent’s automobile insurance policy. That’s because in Kentucky, where I practice law, and in other states as well, one is eligible for underinsured motorist benefits from the automobile insurance policy of any relative that they live with.
Filing the Additional Claim
Underinsured motorist insurance coverage is insurance coverage available to you or a family member who resides with you that provides insurance coverage for injuries sustained in a motor vehicle accident when the at-fault driver does not have enough insurance to cover your damages. So, I also sent a written demand to the parent’s insurance company demanding that they pay out the $100,000 underinsured motorist policy limits. The parent’s underinsured motorist insurer agreed to pay out the $100,000 underinsured motorist policy limits.
Total Settlement
If we hadn’t pursued the claim against the friend, I don’t see any way the underinsured motorist insurance carrier would have agreed to pay a dime out of the underinsured motorist coverage due to some of the complex laws involved to even preserve the underinsured motorist claim after getting a policy limits offer from the at-fault driver’s insurer. Thus, my client got a total settlement of $125,000 when you factor in the $100,000 underinsured motorist insurance coverage.
Key Takeaways
So, what can you take away from all of this? First, you do not have to pursue your friend’s own money or personal assets when pursuing an injury claim against them. You can only pursue compensation from your friend’s insurance company or the vehicle owner’s insurance company if that is what you choose to do. In my client’s case, we did not take one cent out of his friend’s pockets. When I told my client we did not have to pursue his friend’s money or assets, it totally eased his mind and made him feel comfortable about pursuing a claim against his friend’s insurance company.
Judgment-Proof Friend
Plus, his friend, who was also a very young man, had little to no assets or money and was likely judgment-proof anyway. Meaning, that even if we got a judgment against him, it would have been nearly impossible to collect any money from him. So, it wouldn’t even have been worth pursuing compensation directly against the friend.
Settling Without a Lawsuit
Second, you may not even have to sue your friend anyway. Many times, insurance claims are settled without the need to file a lawsuit. In my client’s case, we never had to sue his friend to get my client the policy limits. We settled the case without any court proceedings whatsoever. Now, if the friend’s insurance company is not being reasonable, sure, you may consider suing at that point, but many times, you can get your car accident injury case resolved with your friend’s insurance company without the need to file a lawsuit.
Conclusion
The thing is, suing your friend in a car accident case can be helpful, but that alone won’t get you a big settlement. There are many tricks insurance companies use that you will need to know how to avoid to give yourself a shot at a big settlement. And in this video here, I’ll show you what those tricks are that you will need to avoid to get your car accident injury case resolved. If you’ve been injured in a car accident in Kentucky, remember: don’t wait, call Tate.
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