Legal Question in Personal Injury in Ohio

Traffic accident with injured, uninsured passenger

Here is the situation; there was a traffic accident, the driver was cited for failure to control his vehicle. He and the passenger both sustained head injuries and were sent to the hospital, neither was wearing his seatbelt. The driver was treated and released and the passenger was admitted and had to have surgery (total hospital bill, at this point, about $35,000 but treatment is still ongoing). The driver carried insurance, but maxed out at $12,500 per person and the passenger does not carry any personal medical insurance.

The surgery the passenger had to have repaired disks in his neck, which the doctor said looked damaged from earlier injuries and the accident just exacerbated the problem.

Here are my questions: Is the driver liable beyond what his car insurance paid to the passenger? Does the fact that the passenger did not put on his seatbelt and had pre-existing conditions lessen the drivers responsibility? Can the passenger claim this on his own car insurance? What would a hospital do in a situation such as this with an uninsured person? Would the driver be able to claim any of these costs on his homeowners insurance? Basically, can the driver be sued and by whom?


Asked on 8/26/03, 4:33 pm

2 Answers from Attorneys
Melissa Lipchak Melissa R. Lipchak, Attorney at Law

Re: Traffic accident with injured, uninsured passenger

1) If the insurance company already paid the passenger, then the passenger probably signed a release of both the insurance company and the driver. No further action can be taken against the driver unless the release is voided on the ground of fraud or some other legal theory.

2)If the passenger has not signed a release, then the passenger may seek additional recovery from the driver.

3) Any pre-existing conditions that were aggravated by the accident decrease the amount of damages available to the passenger.

4) Underinsured motorist coverage may be available if the limits of the coverage are greater than 12,500. If the passenger has signed a release in favor of the driver and the insurance company and the passenger's insurance company did not know about and/or consent to the settlement, the passenger may be precluded from recovering. The passenger should also see if there is any Medical Payments coverage available under either policy.

5) The passenger is responsible for all medical bills. Some medical providers will negotiate a reduced amount in payment.

6) From what you have written, the homeowner's insurance would not apply.

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Answered on 8/26/03, 5:15 pm
David Weilbacher, Esq. Attorney at Law

Re: Traffic accident with injured, uninsured passenger

Ms. Lipchak's statements are very good. I would add only one comment. The citation for failure to maintain control may not settle the issue of who was responsible for the accident. It might be necessary to take a closer look at the accident to determine if the driver of the other vehicle may have contributed to the accident.

Another consideration with regard to the medical bills is bankruptcy. If there are no other sources of recovery, then bankruptcy would at least get the injuried passenger out from under that debt load. If you would like to discuss this matter in person, feel free to give me a call at 216.241.2500.

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Answered on 8/26/03, 6:29 pm


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