Legal Question in Personal Injury in South Carolina
Can we sue both insurances
My husband was in an accident the eighteen wheeler came into his lane and knocked them into the woods. One of the passengers was DOA and my husband was the driver. Can my husband sue both insurances since the automobile he was driving wasn't his, and do you think we should obtain a lawyer since we are dealing with a trucking company?
3 Answers from Attorneys
Re: Can we sue both insurances
First of all, I am sorry to hear about the death in this accident and hope that your husband is okay. Many trucking companies carry very good insurance policies. In the event that the policy is not sufficient, we have certain insurance laws that allow a person to pursue other policies such as the one that covered the car your husband was in. Its also possible to initiate claims against additional policies from the trucking company or even your own personal vehicles. The process can and does become complicated so you would probably be better off with an attorney. Also, please remember that insurance companies are mainly concerned with profits and therefore, they generally do not like to pay out claims. I would be happy to explain the process if you wish to call. Robert J. Johnston
Re: Can we sue both insurances
Technically you cannot sue any insurance company, but both insurance policies should provide coverage to compensate for the injuries.
If we can help, let us know.
Re: Can we sue both insurances
The short answer is yes and yes. You should be able recover from the car owner's insurance policy and the trucking company's policy. You may be able to recover from your own policy as well. You should definitely obtain counsel as every trucking company has in-house counsel and outside lawyers representing their interests. In fact, you can be sure that the trucking company has already conferred with its lawyers about this accident if there was a fatality.
If we can be of any assistance, please give us a call.
Thanks
Al Martin