Hello, I was wondering, if someone pulls out in front of me & I have to slam on the brakes but there is no accident but, there is an injury. (My little sister & my grandmother got bad whiplash and bruises from the seatbelts). Would their insurance have to pay for it?
Your little sister and grandmother may have a potential liability claim against the driver of the other vehicle. They can also make a claim for PIP benefits from your insurer for medical expenses. They should contact a personal injury attorney right away to discuss any potential claims. The biggest problem they may have is identifying the driver of the other vehicle since it is unlikely that a collision report was filed.
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The answer to your specific question is that you can't make any claim on their behalf against the other driver you can only make a claim for any injuries you may have. The answer to whether they can make a claim is yes they can make a claim against either the other drivers insurance, your insurance or both depending on the finding of fault in the case. If you want to be a good brother and grandson just tell them to talk to a personal injury attorney whom can advise them on what course to take to recover for their injuries.
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My colleagues are right. Contact a personal injury attorney. The first $10,000 in medical expenses are covered by the auto insurance policy of the vehicle that the injured were riding in, regardless of fault. Sometimes called PIP (personal injury protection) or BRB (basic reparation benefits). Then, whether the other driver is at fault, or the driver of the vehicle the injured were riding in, would be a question of fact left up to a pre suit settlement determination or court if lawsuit is filed. So it is hard to say. That's why they need to talk to an attorney.
The advice given here is general in nature and does not create an attorney client relationship. I am not your attorney. I am licensed in Kentucky, Ohio, and federally in the E. Dist of KY, W. Dist of KY, Southern District of OH, as well as the 6th Circuit Court of Appeals. All answers are for information purposes only. You should consult counsel in your area to handle any legal matters raised in this forum. Kentucky law does not certify specialties in the practice of law. This is an Advertisement.
Your passengers should consult with a personal injury attorney in your area immediately, as they would indeed have an injury case even if there is no contact between the vehicles.
They can use the "Find a lawyer" link at the top of the screen for the names of some personal injury attorneys in your area.
Good luck to both of them!
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