If I got into a car not knowing my driver was drunk and I then begged him to let me drive but he refused, can I sue his auto insurer if we had an accident?

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If I got into a car not knowing my driver was drunk and I then begged him to let me drive but he refused, can I sue his auto insurer if we had an accident?

Asked on March 23, 2012 under Personal Injury, Georgia

Answers:

Richard Southard / Law Office of Richard Southard

Answered 9 years ago | Contributor

Assuming you have sufficient injury to sustain a suit, you can sue the driver and his insurance company will cover him.

Jason Stone / Jason Stone Injury Lawyers

Answered 9 years ago | Contributor

In MA you would not sue his insurer, but his insurer would likely pay for your injuries through the policy issued to your driver.  If your driver did not have coverage, or if the insurer refused to pay you for the injuries, for some reason, then you may be able to get compensation under your own policy.  Simply, you have a case against the driver of the car, and his insurance company will pay you, and most likely it will not have to come out of your friend's pocket.

Robert Johnston / Law Office of Robert J. Johnston Attorney

Answered 9 years ago | Contributor

I don't know why the first attorney said you had a claim without knowing if you were injured or not. I guess he just assumed that you were. You would have to have been injured in the accident in order to have a claim.

Robert Slim / Robert C. Slim - Attorney at Law

Answered 9 years ago | Contributor

You do have a claim against the at-fault driver, at which point, the insurance carrier will investigate and evaluate your claim.  However, in Texas, you cannot sue the insurance carrier directly.  Some states do allow direct actions against the insurance company, but Texas does not.  You must sue the at-fault driver personally.  But the driver's insurance company will still be involved in defending the case and (most likely) will settle your claim before going to trial.

I would stongly recommend, however, that you hire an attorney to handle your claim and not try to handle it yourself.


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