Legal Question in Personal Injury in Alabama
Compensation
A 17 year old was driving wildly and passing cars in a bad rain storm and hit me. I had to have a knee rebuilt, had a broken foot,ankle and knee on the other leg. We share the same insurance company..State Farm. My insurance adjuster has told me that I can get $50,000 from the other driver's policy and $100,000 from our State Farm policies. So far my medical bills have totaled nearly $40,000 and I have to have weeks of therapy. I am unable to walk and therefore unable to work. I have no paycheck if I am not working. My question is since this is a juvenile, can I also claim (since the boy was negligent) on his parent's homeowner policy? I also have to buy a car. Mine was damaged beyond repair. I have also had to postpone my wedding for 7 months. I was penalized for having to change our honeymoon cruise and airline tickets because of the accident. Thank you for any information.
1 Answer from Attorneys
Re: Compensation
It is difficult to answer you completely without knowing all of the facts surrounding the accident, but the following should be of some assistance. The only way to get to the parents' insurance is if you can prove negligent entrustment, i.e.: they knew or should have known that he was an incompetent driver. This is very difficult to prove because you cannot just assert that the boy was issued a traffic citation once previously; you have to show something more - he had 3 wrecks in the last year, etc. Did you live with anyone else who had a car and insurance at the time of the accident? Did you have more than one vehicle insured at the time of the accident? If so, you may be entitled to additional coverage. If you would like to discuss any of these issues or any other questions, please do not hesitate to give me a call: (205) 254-3927.
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