Legal Question in DUI Law in California

boating accident

my husband had a boating accident where the boat actually malfunctioned. One person on the boat was injured slightly (bumped head that needed stitches). This person was drunk and we believe fell off the boat due to her drunkeness. We wouldn't mind paying bills that are legitimate, but she got an air-ambulance that cost $30k even though there was a hospital close by with an ambulance available.

Are we liable to pay? We didn't have boaters insurance. yes dumb I know.


Asked on 7/20/09, 11:35 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: boating accident

Have you tried your homeowners' or renters' insurance carrier?

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Answered on 7/20/09, 11:49 pm
Brian Dinday Law Offices of Brian R. Dinday

Re: boating accident

Assuming legal liability on your part (I don't really know because you provided no facts), then you will be responsible for the reasonably necessary medical expenses incurred.

If the woman refused an ambulance to the local hospital and insisted on being airlifted to a farther away hospital, you may have an issue of whether that was necessary.

However, what you may overlook is that the paramedics are in touch with area wide data and updated info on crowding conditions in the area hospitals' Emergency rooms. The woman may not have had a choice if the paramedics determined that the local hospital was too jammed up to take her.

Even if your homeowners' and other insurance refuse to cover the loss, ask them to assume the defense anyway, in case there is later determined to be coverage. They sometimes do this. It will be worth your while to have a local personal injury lawyer examine your insurance policies and see if he thinks there is a chance that it is covered. this could save you a LOT of money. and probably cost you $300 to have him read the policy and advise you.

Do NOT take the insurer's word for it when they say there is no coverage. The exclusions have to be very clear to be valid. The presumption is against them in the law, since they drafted the policy. It does sound like you have some issues worth fighting about, as long as you can manage a free lawyer to explore those issues.

If you have to pay your own lawyer, then you are wasting money paying him that could be used to pay the judgment or settlement, so it is a balancing test, isn't it?

If you want to read some civil litigation articles or find my contact data, you can go here:

http://Negligentdeath.com

If you call me, I will give you a free consultation of 15 minutes to see if I can help you.

Good luck

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Answered on 7/21/09, 12:51 am


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