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Can the passenger sue?
Colorado Springs, CO
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Posted about 1 month ago in Car / Auto Accident
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My boyfriend and his co-worker were on their way to work when they got into an accident. Our insurance covered the other vehicles damages and also my boyfriends and his co-workers injuries. However this co-worker is now threating to sue for the pain he's in and for his loss of work. He has yet to seek any aftercare though or speak to our insurance company. Can he do that though? And if I'm primary on the insurance how will that affect me? (The police said it was my boyfriends fault since he failed to stop at a red light,but his brakes wouldn't stop so it's not negligence right? And their employer is my boyfriends dad and the only reason why the co-worker has yet to work is for his failure to communicate with his dad.)
Answers (3)
William Robert Falcone
This attorney is licensed in Colorado and 1 other state.
Posted about 1 month ago.
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The accident was your boyfriend's fault. So, yes, the pasenger has the right to sue for lost wages actually incurred, medical expenses in excess of your med pay, and pain and suffering. Your insurance coverage will handle the defense of his claim and will pay any damages he is entitled to subject to your bodily injury policy limits. The fact that the brakes failed would generally lead to an additional negligence claim against the vehicle owner's for failure to maintain the vehicle.
If you have further questions feel free to ask. 
Linda Jane Chalat
This attorney is licensed in Colorado.
Posted about 1 month ago.
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The reason you pay for car insurance is for this precise situation- call you agent and provide all the information you give in your question above. Your insurance company should handle it from there. If there is a good faith basis to argue that the brakes fail it might help your defense depending on how well you maintained the vehicle and when the brakes were last serviced. So be certain to discuss this defense with your insurance representative. Good luck.
The information provided to you in this answer is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation if you have further questions. 
Lars A. Lundeen
This attorney is licensed in Florida and 1 other state.
Posted about 1 month ago.
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I agree with attorney Falcone. You should report this incident to your automobile liability insurance carrier and let the carrier defend any claim against the driver and owner.
Legal Disclaimer: Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received. |
