Legal Question in Personal Injury in Indiana
MVA personal injury
Involved in MVA. Girl responsible 18 yrs old, car registered to her dad. She was taking pictures with cell phone when crashed into me. She has minimum coverage, not enough to cover medical, bodily injury, etc. Can I file a civil suit against her and her dad. She had just turned 18 seven days before accident.
2 Answers from Attorneys
Re: MVA personal injury
You can file suit against the girl, but not the dad unless there is some reason to believe he knew she would be negligent in her driving and allowed her to use the vehicle anyway. Your best bet for recovery is if you carried underinsured coverage with your own insurance company. I would be glad to speak with you more about your options. Larry Jackson
Re: MVA personal injury
I have a different view on this than the other attorney who responded to you concerning liability. You definately have a cause of action against her and you may have a cause against her father, also depending on how severe your injuries are, you may have a cause of action against the service provider or manufacturer of the phone. Although, the only Indiana case on the subject ruled that there was no such cause of action, that case did not address a camera/cell phone.