Legal Question in Insurance Law in New Mexico

Re: Daughter injured insurance won't pay

Typical auto insurance policies will only pay where the driver is legally liable for the injury. Drivers are not liable for injuries caused by someone else's negligence, so the insurer's decision not to pay was probably correct.

The person at fault here was the owner of the bull and he is the one you should be suing. (Of course, the family of the deceased driver has a much larger claim against the owner and he may not have sufficient insurance or other assets to satisfy all of the claims.) The deceased driver and your daughter were both victims of his negligence. When your daughter made a claim against the driver's insurer, she was a victim trying to hold another victim accountable. The law does not make victims liable to one another.

Re: Daughter injured insurance won't pay

Review the driver's policy if possible. Many auto policies contain "medical payments" coverage, which acts as health insurance for all those injured in the vehicle regardless of the driver's fault.

And your own auto insurance which covers your daughter (your policy or hers, or both) may well have the same coverage. Some are limited to injuries sustained while in the insured auto, others are not and cover injuries sustained in any auto.

And this is separate from any liability the driver may have for speeding, being careless, etc. And this also has nothing to do with the liability of the animal owner for negligently allowing his bull to escape its confines.

You should speak to a local lawyer. In the meantime, if you have any questions, feel free to call or email me.