Legal Question in Personal Injury in Maine

accident

if man gets out of truck on highway and walks into traffic, causing an accident, is man a pedestrian or is his auto insurance responsible to damages to injured party?


Asked on 1/05/09, 9:04 pm

2 Answers from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: accident

Automobile liability coverage typically applies to activities including the use, operation and/or maintenance of the automobile. I am not clear from your brief email if the person's actions in walking onto the road were in any way actually related to his operation of the automobile.

Assuming there is no coverage from that party, however, there should still be insurance available under the Uninsured Coverage provisions of the injured parties' insurance. This so-called "UM" coverage can be complicated, so please contact me (or another atty) for a no-fee consultation to determine if UM benefits can apply.

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Answered on 1/06/09, 8:42 am
David Marchese Drummond & Drummond, LLP

Re: accident

While I would need to get into more detail to give you a clear opinion, there is a good likelihood that the truck driver/pedestrian should have insurance coverage available through the truck's policy. Uninsured motorist coverage is always included in every auto insurance policy in accordance with State law. Consequently, even if we were not successful in getting the truck's policy to pay for the injured party's damages, the injured party could still get coverage from their own policy of auto insurance, and possible other policies, too. The objective would be to maximize the amount of uninsured motorist coverage available, if the truck insurance is not available to pay. Thank you for your inquiry. Please let me know if I may be of further assistance with this matter. I hope that no one was injured seriously.

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Answered on 1/06/09, 9:47 am


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