Jump to content


Photo

Is owner of vehicle responsible


  • Please log in to reply
4 replies to this topic

#1 pebbles1970

pebbles1970

    New Member

  • Members
  • 1 posts

Posted 01 October 2012 - 08:54 AM

I was violently attacked by a man who mugged me and then ran me down twice with a vehicle while attempting to flee the scene of the crime. This vehicle was not his, it was given to him to use by his girlfriend, he did not have insurance. My now former atorney was trying to find out if the owner of the vehicle had insurance, to date she has not cooperated.

How can I fnd out if she had insurance? If she had insurance at the time of the crime is her insurance company responsible for any payment to me or for my medical bills, loss of salary? Is this a crime if she did not report her car involved in the use of a felony?

I am really in need of some legal advice, I have not been able to find an attorney who will handle the case properly and am forced to now try and handle it on my own. Thank you in advance for any help you can give me.

-Pebbles1970

#2 pg1067

pg1067

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 45,207 posts

Posted 01 October 2012 - 11:50 AM

How can I fnd out if she had insurance?


If she won't cooperate, you can't, unless you sue her.


If she had insurance at the time of the crime is her insurance company responsible for any payment to me or for my medical bills, loss of salary?


Probably not, but it will depend on the terms of the policy and the laws of your unidentified state. Generally speaking, insurance will not indemnify for willful/criminal acts. Unless you can prove that the owner knew or had reason to know that this attack was going to happen, your likely recourse is only against the attacker.


Is this a crime if she did not report her car involved in the use of a felony?


No, but one would assume you already reported it. Right?

#3 Tax_Counsel

Tax_Counsel

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 17,272 posts

Posted 01 October 2012 - 11:53 AM

Generally speaking, auto liability insurance will cover damages caused by the negligence of the driver, but will not pay for damages caused by intentional criminal conduct. So, even if the vehicle was insured, it may be that the insurance will not pay because the criminal act was excluded from coverage. The girlfriend is generally not personally liable unless she was aware her car would be used to commit this sort offense.

The attacker/driver himself is, of course, liable for the damages caused by his conduct and you may certainly sue him to try to recover for your injuries and losses. Whether that will do any good depends on whether he has any assets from which you may collect.

How you might find out whether the vehicle was insured and, if so, what the policy covers depends on the laws of the state in which this occurred. Your lawyer should know how to pursue that.

#4 Whitster

Whitster

    New Member

  • Members
  • 5 posts

Posted 11 October 2012 - 06:08 AM

Under most states' law, the owner might be responsible if she/he negligently entrusted the vehicle to the assailant. Stated differently, if the owner knew the assailant was incompetent to operate the vehicle or that the vehicle was to be used to assault you, then the owner could be held liable. Of course, you can also make a claim under your uninsured motorist coverage. It does sound like you need an attorney for this. Contact a local injury attorney for more guidance.


Drake Law Firm - Personal Injury Lawyers
http://www.drakelawal.com

#5 FindLaw_Amir

FindLaw_Amir

    Platinum Contributor

  • Moderators
  • 62,345 posts

Posted 11 October 2012 - 10:52 AM

I agree with the previous poster, you may want to consult with a local Lawyer to advise you in detail about your claim and your legal rights.
FindLaw's Legal Heads-Up! newsletter can provide you with the legal resources you need to make informed decisions when law touches aspects of your everyday life.




0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users