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I hit a deer in my mother's car, I was hurt and missed work. Can I sue her insurance for pain and suffering?

Sparta, IL |

I hate to ask that question, because it was my mother's car but I am damaged now for the rest of my life. I hit a deer on my way to work, it came through the windshield and landed on my face. My medical bills were paid, but I have visible scars that I will have for the rest of my life. I can't drink out of a cup, have to use a straw now. Just want to get paid for pain, suffering and for the marks the accident have left.

Attorney Answers 9

Posted

Not likely. Your injuries were not caused by another driver or uninsured car, so, you do not have a right to recover from your mom's carrier. Sorry for the situation.

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Posted

Doesn't appear, based on the facts provided, that you can bring a claim unless your mother's policy specifically addresses this issue in your favor but I highly doubt that it does.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

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Posted

Damage claims, pain and suffering, are when someone else causes the damage. Your mothers policy would not apply. Also speak with someone local. I wish you a full and speedy recovery.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

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Posted

Sorry, but you have no action against your mother's carrier for pain and suffering.

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Posted

Until we can sue non-domesticated animals' owners, no.

Your mom's UM policy doesn't kick in without contact from a hit and run or uninsured vehicle.

Other than med pay, which seems to have applied and been used, no option I can see here.

Really sorry for this situation.

Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Chicago, IL
773-944-9737
Email: stephen@hofflawyer.com
Website: www.hofflawyer.com
Blog: www.hofflawyer.com/blog/

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

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5 comments

Judy A. Goldstein

Judy A. Goldstein

Posted

Mr. Hoffman - Surely you are not implying we can sue domesticated animals.

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

No, but we can sue their owners. I actually had a case years ago where my client was taking care of their neighbor's cat. The cat got away, and when retrieved, scratched her severely. Yes, cue the Ted Nugent, she had "cat scratch fever." Uninsured artist so no option but to sue the owner. I was able to get the court to see the "legal distinction" between dogs and cats--cats are not "controlled." It was nonsense, but it worked. Now my dog will not be sued but she will sue you if you take away her ball, don't let her run for hours on end, and/or steal her stuffed toys. Now on the question of whether husbands can be domesticated, I'll pass....

Judy A. Goldstein

Judy A. Goldstein

Posted

I was teasing you as you figured out. I know about homeowners insurance but it'as always good to see your messages. I guess I won't sue my dogs for all the bruises they have caused me but I am secure in the knowledge they won't sue me for feeding them the same boring meals day in and day out.

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

I smell a brewing dog class action for boring, monotonous meals...

Judy A. Goldstein

Judy A. Goldstein

Posted

That's grounds for divorce, not a class action suit.

Posted

Possibly, if there was some condition of the car that caused the accident.

Mr. Padove is licensed to practice law in Illinois and Indiana. 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. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below. Burtonap@aol.com (219) 836 2200

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2 comments

Larry Alan Apfelbaum

Larry Alan Apfelbaum

Posted

Very creative!!

Burton A. Padove

Burton A. Padove

Posted

Additionally, was there anything that you feel was wrong with the roads, signage, etc. ?

Posted

You indicate that you were on the way to work, which is usually not covered by WC in Ilinois. There are some circumstances however where WC applies such as if you are a traveling employee.

Accidents involving wild deer are usually not covered by uninsured motorist coverage which require contact with an uninsured vehicle to apply.

It would not hurt to talk with an experieced attorney in your area just to be sure.

I am licensed to practice law only in Illinois. Any advice that I render is for general information purposes and does not create an attorney-client relationship. Also it is very important to keep in mind that all legal claims have statues of limitation to file that cannot be missed. A local attorney should be consulted to learn the time limits applicable to a particular claim.

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Posted

In general, a passenger may recover in an accident involving an animal such as a deer. These cases usually involve the driver's negligence such as swerving and hitting a fixed object. If your passenger contributed or the vehicle was negligently maintained, a potential claim may be considered. Medical Payments may cover future care and treatment. An individual should carefully review any applicable insurance policy.

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1 comment

Judy A. Goldstein

Judy A. Goldstein

Posted

Where was there an indication there was a passenger? My reading of the facts is that he was driving his mother's car and hit a deer. Now he wants to sue his mother's carrier.

Posted

Unless the deer hit powerball, no.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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