whether we can claim property insurance for personal injury caused by someone else fault?

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whether we can claim property insurance for personal injury caused by someone else fault?

I was inside a store when one drunk driver ran into store and hurt me. I took all medication and now i knew that his auto insurance only covers upto 25K. So, is the property insurance is liable to pay for that or not.

Asked on June 4, 2009 under Personal Injury, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Liability is whether or not the court will determine if someone is liable.  Anyone can sue; the question is if you will win.  Did the store cause the accident? So why would you sue the store? As a causation issue: no -- you would probably lose.

In terms of the drunk driver -- you can sue the individual -- or you can try your own car insurance company. 

You can certainly attempt to sue the store but I would consult with a personal injury attorney in your state to determine if there is sufficient precedent (case history) to support your potential case.  Try www.attorneypages.com and check his or her record at the Texas State Bar.


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