Legal Question in Personal Injury in Indiana
a Ohio driver pulling a trailer though Indiana lost the rear axle at 12am, we were heading in the same direction in another lane and did not see the axle until we hit it causing our car to go airborne and
injuring two persons in the car and totaling the car. we both were transportated to the hospital via amb. and still have complications.
Would this be considered no fault or is the driver pulling the homemade trailer liable ?
I don't think the trailer was registered or plated. Now we find out his insurance was expired two months prior.
1 Answer from Attorneys
The driver (or owner of the vehicle) pulling the trailer may be liable if the axle came off as a result of the driver/oner's negligent maintenance of the vehicle. You may be able to collect from your own insurer under your "uninsured driver" coverage. You may also be able to recover against the at fault driver if he/she has any assets.