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mrsvzqzylostresbebes | Do bars only take responsibility for injuries not covered by the person who hit you's insurance company? |
Additional Details
Ok, my husband and I were hit very hard by a drunk driver. Her and her friend in the car named the bar they were at (we got hit 2 blocks from the bar) and it's in the police report. Everybody keeps telling me to go to the bar and tell them what happened that we are entitled to make the responsible. I am not too sure myself, if it's even worth it. I never expected to get rich from this accident, but I am curious. The girl who hit us did have insurance, they have paid us for our totaled SUV but we have not yet settled for our medical and pain and suffering since we are still in therapy 6 months later.
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mbrcatz
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No, they don't.
If you feel that the bar somehow contributed to the girl drinking and driving, you're going to have to sue them. IF they have liquor liability coverage, their insurer will make you prove it in court, and will pay their defense costs. If you win the suit, then their insurer will pay, up to the policy limit.
If they have no liquor liability coverage, you'll still have to sue, you'll get a judgement, but likely won't see any money for this.
Just like if a guest left YOUR house, and hit someone, would YOU step up to the plate and offer to pay all the damages? I don't think so! Neither will the bar, or the bar's insurer. You WILL have to sue. |
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bud68
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As the saying goes, "Everybody" is a lawyer when its someone else's case. |
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Luna & Lawnboy
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You do not have to sue the bar, but you have to prove that they negligently served the operator of the vehicle. You can file a claim, against their insurance company, but it will be a very difficult battle for you to prove they were negligent.
These claims are called Dram Shop claims, and a lot of states have very strict deadlines to file. For example in CT you have 120 days.
You did not mention the extent of your injury, but do you know if the other driver had adequate limits? I assume that your claims will settle within the limits, but if they do not, you may want to file an Underinsured claim against your own policy now before it is too late.
If you have an attorney, seek their advice. |
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Babyboy
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Hello: I don't quite understand what you're saying. It depends on the incident itself. The bar could or not be considered contributory negligence. If the law say that the bar was responsible then the bar owner may have to help the insurance company pay for damages whether or not if actually at fault. God bless,take care hopes this info is helps. |
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Undecided
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I don't understand your question. |
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♥ Embracing Optical Freedom ♥
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Honey, this question made no sense. What does a bar have to do with an accident? Edit this and I'll edit my answer.
EDIT: The bar is completely liable for this because they served the girl too much alcohol and that caused her to wreck. You can sue them. |
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