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sunshine | I have a serious question please HELP? |
ok, my brother was driving a friend's car while intoxicated and hit 2 parked cars. he got a ticket for a DUI. his friend gave him the keys to her car and told him to drive, and she knew he didn't have any driver's license. how dumb of her right?? will her insurance company pay for my brother's medical bills. she's saying that her insurance company is suing my brother and she's the one who gave him the keys to her car when he was drunk. can they actually do that or would she be the one to get sued. let me know thanks.
Additional Details
this is his first DUI by the way. |
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fighting saints
|
Since your brother was driving the car with the owners permission he automatically is afforded liability coverage to cover the two parked cars. If the friend did not have enough coverage to pay for all the car damages your bro might get stuck paying the excess damages.
Depending on if the friend has Med Pay or Personal Injury Protection (PIP) his medical bills would be covered up to the limits of that coverage. If the friend did not have Med Pay or PIP then your bro has to pay the med bills himself unless he has health insurance and can talk them into paying the bills.
If your brother was driving the car with the owners permission he is considered an "insured" under the friends policy. Insurance companies can not sue permissive drivers for the damages they caused.
***EDIT***
In most states not having a driving license does not mean coverage will not apply. I have paid hundreds of claims over the years where the driver was unlicensed. |
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sarah314
 |
There are a lot of factors that come into play regarding whether her insurance company will pay for your brother's medical bills and also whether or not they can sue your brother. These things can vary from state to state, so your brother will need to consult an attorney in your area...I can't see any way of getting around paying for the services of an attorney, otherwise your brother could get screwed legally.
(Perhaps its just the way you phrased the question, but it sounds like you're placing most of the blame on your brother's friend. Let's not forget that he still ultimately made the choice to get behind the wheel.) |
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Phil
|
You have two issues here. First, as long as your brother was the permissive user of his friend's vehicle (as long as he doesn't live with her), he is covered under her policy. The company doesn't have grounds to sue him.
As for his medical bills, it would depend on the type of coverages his friend had on the policy. If there is med pay or PIP coverage, he can file his bills with them. |
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mbrcatz
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Wow. Well, I hope he wasn't injured too badly.
Her insurance company very well may NOT cover ANY of the damages for the claim - because he's not a licensed operator. Which means, HE can be held responsible for his own medical bills, AND the damages to the two parked cars, AND the damage to HER car.
You can bet your bottom dollar, IF her insurance company pays out anything, they will go after him to recover anything they pay out. It's not "suing" him, it's called "subrogation". Insurance companies have whole departments that do NOTHING but subrogation.
I would NOT count on them paying any medical bills, HOWEVER, depending on her coverages, her policy form, and which state you all live in, they MIGHT. It's ALSO possible, that if your brother is a household member of YOUR house, YOUR policy might pay his medical bills, or the medical payments coverage on another household member's policy.
It varies wildly by state, who's policy is responsible for medical payments. Some states, you only EVER collect med pay under your own (or a household member's) policy.
It's really impossible for us to know here - but her ADJUSTER should be giving you that information. |
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sweetness1913
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No. Your brother cannot collect for his injury due to the fact that he was the driver and is liable any damages and injuries resulting from the loss, including his own. And yes, they can, and probably will sue him. They were obligated to pay for damages to the two parked cars, but since they don't insure your brother, and he was liable for damages to those cars, they have the right to attempt to recover the money they paid for the two parked cars. It's called subrogation. |
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