My son was in a car accident with a friend. The impact was on the passenger side where he was sitting. The accident was the fault of his friend because the roads were slippery and his friend was driving faster than permitted for the weather. He is now experiencing a lot of back pain. Can he sue the insurance? If so, can he sue his friend and the other vehicle?
Yes, he can sue both drivers, however, if it was his friend's fault, you might not be able to prove the other drivers liability. You also have to show serious injuries. The best thing to do is to hire a personal injury attorney immediately, in order to discuss your son's case in full detail. Good luck.
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Yes. As a passenger he can make a claim against both drivers. His friends insurance company would be responsible for his medical bills under New Yorks no-fault law. Whether or not your son's injuries are serious enough to make a claim for personal injury remains to be seen. Your son ( if over 18) should consult with a personal injury lawyer in your area for a free consultation.
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Your son can sue both drivers, assuming both were partially to blame for the accident. It depends on the specific facts but in most instances a passenger's case is brought against both drivers in a two car accident.
The more important issue with respect to your son's case relates to his injuries. In NY you must prove 'serious' injuries in order to recover money for injuries in a car accident. This is because we have a no fault law that will cover his medical bills, out of pocket costs and lost earnings for a period if time following the accident.
A back injured can certainly be a 'serious' injury under our law but it depends on the diagnosis and course of treatment. In that respect your son should seek medical treatment for his injuries.
Then contact a local personal injury attorney for a free consultation. Many firms will help by filing no fault papers and guide you along the process while your son is treating. Even if it turns out to be nothing serious his rights will be protected.
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As my colleagues indicate, it must be determined if the injuries meet the definition of "serious injury." It's worth your time to meet with personal injury counsel to discuss the matter in more detail.
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He can bring a claim against both drivers. However under NY's no fault law he will only prevail if he sustained a "serious injury" which is defined by statute. His injury may or may not qualify. Get a consult with a personal injury attorney in
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First and foremost, please make sure that your son goes to his doctor as soon as possible so he can get whatever medical treatment he needs. As to bringing a claim against both the driver of the car in which he was a passenger and the other car, it depends on what an investigation into the accident reveals but it is certainly possible. Please also be aware that in New York your son (or you if he is a minor) would need to file a No-Fault claim form within 30 days of the accident with the insurance company of the vehicle in which he was a passenger in order to get his medicals and any lost wages paid for by the insurance company. This is important since he is entitled to that coverage even if he does not qualify as having a "serious injury", which is a defined term in the law. Our law office is located right in Amherst and we would be happy to speak or meet with you to provide a free consultation at your convenience. Please call me at 633-5050.
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Sure, he can pursue a claim against both. Avvo has a great lawyer finder tool to locate an attorney close to your home. Good luck.
He may be able to sue both, if he can show that both were at fault. It is frequently the case that an accident is caused by more than one driver. Not having the accident repoort, I can't comment further. But, your son won't be able to sue at all, if his injuries do not qualify as "serious" as that term is defined by statute. He should get a lawyer.
Vehicles and insurance companies generally cannot be sued. If your son is a minor, any resolution of his claim will need court approval. Who should be a defendant should be left up to competent legal counsel.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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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 ensure proper advice is received.
Legal Disclaimer: If this information has been helpful, please indicate below. 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 ensure proper advice is received.
Yes he can sue both and likely should if he has an injury that qualifies for a recovery
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