If an insured driver of my motorcycle injured his passenger while they were intoxicated and the driver and passenger are married, what is my liability?

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If an insured driver of my motorcycle injured his passenger while they were intoxicated and the driver and passenger are married, what is my liability?

Asked on June 10, 2013 under Personal Injury, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As the registered owner of the motorcycle, you are liable for the passenger's injuries.  The passenger can file a personal injury claim with your motorcycle insurance carrier.  The personal injury claim would include compensation for the medical bills, pain and suffering, and wage loss.

Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills based on the medical reports which document tha nature and extent of the injuries.  Compensation for wage loss is straight reimbursement.  If the case is settled with your insurance carrier, NO lawsuit is filed.  If the case is NOT settled with your insurance carrier, the passenger could sue you for negligence (negligent entrustment for allowing the driver to operate your motorcycle).  If a lawsuit is filed against you, refer the matter to your insurance carrier and your insurance carrier will provide you with an attorney at no cost to you.  The attorney will handle the case for you.

Don't worry about it because most of these cases sre settled with the insurance company without filing a lawsuit.  Also, depending on the statute of limitations in your state, it may be more than a year before any potential lawsuit is filed.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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