I was a passenger in an at fault accident. Do I have a right to personal injury/pain and suffering claims?

Asked over 1 year ago - Fort Mill, SC

I had permission to borrow my aunts vehicle but i had a couple drinks and allowed a friend to drive her car instead. I suffered a broken and dislocated jaw and my sons head hit the windshield and also went through the passenger window and suffered facial injuries. The insurance company isn't wanting to pay. What can I do???

Attorney answers (12)

  1. Bradford Andrews

    Contributor Level 10

    19

    Lawyers agree

    Answered . Call a lawyer. The Insurance company will not do you any favors. Involving a lawyer should change the negotiation dynamic completely (in your favor).

  2. Jeffrey Mark Adams

    Contributor Level 20

    19

    Lawyers agree

    Answered . You keep compounding the problem by not consulting with local and qualified personal injury litigation counsel. Please stop talking to the insurance company. You and for sure your son have claims that warrant separate counsel. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  3. Ryan S Montgomery

    Pro

    Contributor Level 13

    15

    Lawyers agree

    Answered . Consult a lawyer and show them you won't take no for an answer

    The information in the post is not intended to be legal advice but is general information and should not be relied... more
  4. David Ian Schoen

    Pro

    Contributor Level 20

    15

    Lawyers agree

    Answered . You can consult with a local personal injury attorney who can properly advise you after learning the facts.

  5. Michael R Crosner

    Contributor Level 20

    13

    Lawyers agree

    Answered . IMMEDIATELY contact a local personal injury attorney. Do not wait any longer - wait talking to the insurance adjuster - as you have learned, the adjuster is not on your side.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  6. Scott J. Corwin

    Pro

    Contributor Level 18

    12

    Lawyers agree

    Answered . I agree with the responding car accident attorneys. You should absolutely consult with a top car accident attorney in your area to help you with your injuries as well as your son's. Best of luck.

  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    12

    Lawyers agree

    Answered . A local personal injury lawyer should certainly investigate. Contact one of the distinguished lawyers in your state above.

  8. Patrick S. Mintzer

    Contributor Level 7

    11

    Lawyers agree

    Answered . You need to consult with an attorney who will deal directly with the insurance company on your behalf.

  9. Clifford Horwitz

    Pro

    Contributor Level 11

    10

    Lawyers agree

    Answered . You should contact a local Personal Injury attorney to investigate the matter for you.

  10. Gregory Jay Brod

    Contributor Level 5

    10

    Lawyers agree

    Answered . I'm sorry to hear about this accident and I hope your'e getting the treatment and care needed for your recovery. You should consult with an attorney in your area to see what your specific rights are so you can determine if you'd like to pursue the recovery of damages, which would include your pain and suffering. Good luck.

  11. Paul Hilmon Cannon

    Contributor Level 13

    10

    Lawyers agree

    Answered . Yes you probably have a claim. Possibly many claims. You had authority to entrust the vehicle to another unless your aunt told you specifically not too. You can bring a claim against the driver. His personal insurance, your aunts insurance and your own under-insured motorist insurance would all apply (assuming everyone had licenses and no one was excluded) You would also have a claim against your own pip and your aunt's pip. Meet with a local personal injury lawyer to discuss.

    All information provided here is for educational use only and does not constitute legal advice nor establish any... more
  12. William West Seegmiller

    Contributor Level 10

    8

    Lawyers agree

    Answered . First of all, I hope that you are getting treated for your injuries and that your son has also been seen by a doctor. Secondly, you should contact a personal injury attorney who can walk you through the process and can explain to you all the sources of insurance you may have available. Your friend who drove may have coverage, your aunt's vehicle should have coverage and your own insurance company's uninsured/under insured coverage may apply. Best of luck and hope you have a speedy recovery. -- West

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