If I was the driver but not at fault in a auto accident but my passager was beating and hitting me in the face then took the wheel & ran into a pole

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If I was the driver but not at fault in a auto accident but my passager was beating and hitting me in the face then took the wheel & ran into a pole

I did not receive a ticket but he did and he went to jail foe assult my ins is refuseing to pay anything except the utlity pole but I got serious injuries to my head do I have the right to get bodily injury liablity money which it states on my insureance form

Asked on May 13, 2009 under Accident Law, Oklahoma

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You need to talk to a lawyer in your area about this.  You can start looking for one at our website, http://attorneypages.com

I'm not an Oklahoma lawyer, and car insurance laws differ from one state to another.  Usually, there are different types of coverage that you can buy or not, so even in one state, not all car insurance policies are the same. You'll need to take your policy along to the lawyer's office, together with all the letters, etc. that have gone back and forth about your claim, and a copy of the police report will help, too.

Typically, a car insurance policy covers damages and injuries "arising out of the ownership or operation" of the insured car.  The insurance company might have decided that your head inury was from the assault, not the accident.  Without knowing more about what happened, I can't say for sure whether that is true or not, but it is not at all unusual for an insurance company to deny a claim for a reason that later turns out not to hold water.  But the insurance company will defend their decision, with lawyers who often do nothing else but defend those decisions, so you need a lawyer on your side if you want to fight them.

You can also talk to your lawyer, about whether it makes sense to sue your passenger.


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