Legal Question in Insurance Law in Pennsylvania
Can my brother sue someone?
My brother, sitting at a stoplight on his motorcycle, was hit from behind (by a motorist that we later found out was on meth and had a suspended license). My brother almost died. He is being told by his own insurance company that he cannot sue them and also being told by the car owner's insurance (not the driver) that he cannot sue them either since the driver had an exclusion policy to keep her daughter (the driver) from being covered on her policy. This car had been impounded 10 times for the same thing, the daughter driving the mother's car. How can my brother get nothing from the mother, the daughter or their insurance company when she is still out there hurting people?!? My brother was the innocent victim, he was just in the wrong place and the wrong time and now he is being told that he will be responsible for everything, all medical bills, loss of work, pain and suffering. Please help me help him, he deserves something and the driver deserves to be in jail.
How can the mother's insurance still let the mother keep her policy when her car has been impounded 10 times for practically the same violations?
Thanks for your help in advance.
3 Answers from Attorneys
Re: Can my brother sue someone?
First of all, don't believe anything the insurance companies tell you. They do not have your brother's best interest in mind. They are concerned with paying claims. Secondly, you need an attorney that can investigate all applicable insurance policies. South Carolina has laws that allow people in certain circumstances to put claims in on multible policies. I cannot say at this point which policies apply and which do not. I am saying that a lawyer knows how to determine which policies exist and which can ones that would be liable to pay. You are welcome to call for more information. Robert Johnston. [email protected]
Re: Can my brother sue someone?
I am not sure if your question relates to Pennsylvania or South Carolina law. If PA, your brother has a valid claim. If your brother contacts me I will glad to speak with him.
Re: Can my brother sue someone?
I've seen the other attorneys answers and they're right: don't listen to what the insurance companies say; your brother needs his own attorney who has his interests in mind.
I want to make a couple general comments about the bigger issues you raise:
1. The issue isn't really whether your brother can sue the other driver and the mother who owned the car. Of course he can sue them, and he'll probably be able to win a judgment against them both, the mother for negligent entrustment.
2. The real question is, will there be any money to pay that judgment. If the insurance policy excludes the driver, and there isn't anything in state law to make that exclusion invalid, then the car's insurance won't cover it. But you know what? There's LOTS of people driving around with no insurance at all. All too often, we lawyers have the terrible job of telling seriously injured people that there's not enough insurance to cover their losses. I hate that.
3. I'd give you very steep odds that this mother had minimum coverage, maybe $15,000. So that wouldn't go far even if there wasn't an exclusion.
4. Your brother can't get money from his own insurance on the motorcycle, probably because he DECLINED uninsured motorist coverage. We represent a lot of bikers, and most of them get the miminum coverage they can, with no medical payments, no wage loss, and no UM.
5. EVERYONE should have adequate UM/UIM coverage to protect themselves from all the uninsured, underinsured, and irresponsible drivers out there.
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