Legal Question in Personal Injury in Alabama
passenger in motor vehicle accident
my teenage daughter was involved in an one vehicle accident. she broke her arm in 2 places requiring outpatient surgery. the teenage boy's father's insurance has stated they will only pay $5000.00 on my daughters medical bills and nothing else. something about her being a quest passenger and the laws in al require they only pay for medical bills. her medical bills have already excedded this amount. can the insurance company be made to pay for all of her medical expenses and to recover for pain and suffering.
2 Answers from Attorneys
Re: passenger in motor vehicle accident
There is an Alabama Guest Statute that basically states that a guest passenger in an automobile may not sue the driver of the vehicle. However, there are exceptions and other ways around the guest statute. Please call me at 205-458-1100, and I would be happy to talk to you in far more detail. The one piece of advice I would give you is not to try to settle this matter on your own with the insurance company.
Sincerely,
Sterling L. DeRamus
Attorney at Law
Birmingham, Alabama 35203
205-458-1100
205-602-2164
Re: passenger in motor vehicle accident
There is a guest passenger statute in Alabama which says you cannot sue the driver of the vehicle for simple negligence. If your daughter was a passenger in the vehicle, she would have to be able to prove that the driver was wanton (grossly negligent - drunk, excessive speed, etc.). There is a recent case which states that you daughter might be able to pursue her own uninsured motorist coverage if she has any. For example, if she lives with you and you have a vehicle with uninsured motorist coverage on it, she might be able to make a claim against your insurance carrier. Whether the father's insurance carrier will be liable for more than the medical payment benefits depends upon what the driver was doing at the time of the accident. If you have any further questions, please do not hesitate to give me a call (205) 254-3927.