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 7 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.

 


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