Legal Question in Personal Injury in Minnesota
Auto Liability by a Permissive User
My mother purchased an automobile and insured the automobile in the state of MN for the use of my nephew. The vehicle, payments and insurance in the name of my mother.
While my nephew allowed his friend to drive the auto (my mother's) home from college in Aug. 1991. The friend caused an at fault accident.
The injured party has decided to sue my mother and the friend who driving the auto for damages in excess of 50K. The friend was uninsured. However, he permanently resides with his mother who has insurance.
My mother insurance company is offering defense for my mother and friend (permissive user) and a maximum payout of 30K for the auto accident if injuries can be substantiated by the injured party.
My question centers on the friend's mother insurance policy. Should the insurance of the friend's mother be considered as well if damages exceed 30K and the friend is being sued as well?
At this point, the only insurance that has come into question is my mother's insurance since she insured the auto.
1 Answer from Attorneys
Re: Auto Liability by a Permissive User
The injured person, if insured in Minnesota, would have UIM coverage (underinsured motorist coverage) available. Minimum coverage is 50,000 per person, 100,000 per incident. The injured person would be able to file a claim for the UIM coverage available.
Also, if suit was filed, the jurisdictional amount (the minimum the plaintiff can ask for) is $50k. That doesn't necessarily mean the claim is worth that much.
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