Legal Question in Personal Injury in Missouri
We don't know what to do
My 16 year old was in a car accident on 8-8-06. They were in our car, but my daughter was a passenger, a friend was driving. They were in a head on collision resulting in serious injuries to my daughter and another passenger. The other driver pulled from a driveway into the path of their car. We only had liability insurance, and the other driver was 17 with no insurance and no family to speak of. In a matter of 2 months we are pretty much broke with $111,000 in bills so far. The other passenger is in rehab with a TBI, who knows what her bills will be. Is there anything we can do?
3 Answers from Attorneys
Re: We don't know what to do
I'm very sorry about your daughter's tragedy - a car tragedy and what may be a legal tragedy too.
Her case needs investigation - there are often avenues of recovery that are not obvious at first. Product liability, third party liability, other insurance sources of recovery, highway design liability. Sometimes none are available, but only investigation can determine what may be.
You can call us at 800 9McLeod, or visit mcleodheinrichs.com; we'd be glad to investigate with no obligation.
My best to your daughter.
Rich McLeod
Re: We don't know what to do
I am sorry that your daughter was so seriously injured. Of course you must be using your medical insurance coverage on her, and your provider will have rights of subrogation against the other driver, so they might also be looking for a recovery. As Mr. McLeod already mentioned, there might be other sources of recovery available. First, if you had uninsured motorist, or underinsured motorist coverage on your own automobile insurance coverage, I would look for a recovery there. Second, you should ascertain who owned the car the other girl was driving, and explore whether there might be vicarious liability on the owner. Third, I would want to know what exactly the street conditions were regarding visability and so forth to see whether the city, county or state could be brought into this. I do know that you can have the other driver's driving privilege suspended by the DOR for causing an accident without the insurance converage required by law. Sometimes this helps to make arrangements with the other driver for voluntary payment. Finally, you might consider obtaining a judgment against the other driver even though she is young and possibly without funds at this time. Your judgment would be good for ten years, and you can revive it every ten years. So, if the other driver ever does come into any money and you learn of it, you might be able to collect at least some of your damages. I wish you and your daughter the very best.
Re: We don't know what to do
There are numerous theories of liabiltiy that might result in a recovery for your daughter. You do not say who was driving the car; perhaps that person has insurance through a separate policy. If you have uninsured motorists coverage, you may have an avenue of recovery there. If the 17 year old at fault had a bad driving history, there may be a theory of recovery called "negligent entrustment" that might fall under the homeowner's insurance policy.
Your best bet is to talk to an attorney and give that attorney an opportunity to fully investigate the claim. If there is an avenue of recovery, a competent attorney will find one.
Act quickly, however. Theories of recovery involving the vehicle require purchase of the wrecked vehicle. Your best bet would be to set up an appointment with someone who has experience doing crashworthiness and insurance cases as soon as possible.
Best of luck to you all.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
