Can a passenger sue me for medical bills if my insurance policy doesn't include medical coverage at all?

Question

I was driving a FRIEND'S VEHICLE about 3 weeks ago carrying a friend of mine home and I hit a tree that had fallen in the road. The truck was in bankruptcy, and the insurance only covered comprehension and collision, so the truck is paid off, but now he is asking me about medical coverage. (He knocked his hip out of socket and had to have it set back in). The policy had no medical coverage whatsoever. He is 19 years old. Does he have a right to sue me (or does his mother) for medical bills when he got in the car on his own free will? Also, does it make a difference that the insurance policy was not even mine because the vehicle did not belong to me?

Answer 1

My., my, aren't we hositle tonight???

Answer 2

He can sue you, but he would have to prove negligence.  Were you driving too fast, were you under influence?  If you weren't negligent he can't collect.  If he is insured on his own vehicle, he can claim med pay under his own policy even though his vehicle wasn't involved since his injury was the result of a vehicle...maybe you should have them contact their own auto insurance carrier and inquire if there is coverage there.

Answer 3

What some of the others are trying to say is.....the insurance on the vehicle is primary.....however, if there's not any coverage, or not enough coverage, then YOUR insurance policy that covers YOU will kick in.

So....if the insurance policy on the truck really didn't have any medical payments coverage, you should check with your own insurance carrier because it could provide medical coverage and keep you from further legal action.

Answer 4

He can sue you and the Courts would have to find you neglegent....if you hit a tree, then most likely, you'll be found at fault.  Chances are though that there's nothing to collect (you sound young??) In that case, they can sue your parents if you still live at home.

Answer 5

do YOU have an insurance policy on YOUR car?  if so, you may be able to claim it on your policy to cover him.  if you do not, then yes, he can sue to recover any medical bills he has incurred.

Answer 6

Sure he can sue you. In fact, with the events as described, he would have a good chance to win judgement. The fact that you were driving and you were the one who hit a tree means it's possible you would be found responsible for causing his injury and therefore responsible for his medical bills.

You may want to negotiate a good faith payment on your own, in an effort to avoid court.

For future reference, you should consider adding medical to your auto policy and also consider purchasing an umbrella policy.

Answer 7

I assume you were driving your friend's vehicle with his/her permission.  That being the case, your friend's liability coverage should take care of this claim.  Liability follows the vehicle.  Are you sure there was no liability coverage on the vehicle?  That is pretty unlikely, if he had Collision and Comp.  Since you struck a stationary object, you are considered at fault for the accident.  Sorry, about that.  

Your friend needs to contact his insurance company, and report that your passenger was injured.  His liability policy will pay for the medical bills.  

If the passenger is looking to be compensated for more than the meds, it depends on where this accident occurred.  The Bodily Injury threshold requirements vary from state to state.  The adjuster can explain what, if anything, this passenger is entitled to.  

Assuming that your friend only has minimal coverage, and the medicals exhaust the policy limit, then your liability coverage would kick in.  If in fact, he does not have any liability coverage, then your insurance would be primary.   It does not sound as if the passenger's injuries were all that serious.  So, at this point, you don't have to notify your insurance company unless the vehicle you were driving did not have liability coverage.  

The passenger can sue you,  but it will be your friend's insurance company that will provide you and him with a defense.  Meaning, they will refer the complaint to their defense attorney to handle the lawsuit on behalf of you and your friend.  Again, if he did not have liability coverage, then your insurance company will provide you with a defense.

Hope this helps.