What to do if my husband was helping someone on the side of the road and another car driving recklessly hit and ran over him?

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What to do if my husband was helping someone on the side of the road and another car driving recklessly hit and ran over him?

He has been out of work for 2 years and had 3 surgeries. The girl that hit him had no insurance. Can we go after the insurance company of the girl that he was helping?

Asked on December 3, 2012 under Personal Injury, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First, just to correct a common misunderstanding--you do not go after a person's insurance company; you go after the person herself and, if  she has insurance, her insurer may step in (depending on the terms of the policy, the amount of coverage etc.) step in to defend and/or pay. So you'd have to sue the girl he was trying to help.

Second, there are no grounds to sue that girl: she apparently was doing nothing wrong. A person is not liable, or financially responsible, for another's injuries simply because they were involved in one way or another with them; rather, a person must have been at fault, either through a deliberate bad act or through unreasonable carelessness (called "negligence"), in order to be liable. So if she had some car or other problem and your husband voluntarily chose to stop and help her, his injury was not her fault.

Third, just because the girl who hit your husband had no insurance doesn't mean you couldn't have sued her (or her family, if she was a minor), and try garnish wages, put a lien on real property, have a car or other personal property "executed" on (i.e. seized by the sheriff and sold), etc.


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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