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So sad ……. and I guess likewise then, if son has an “ACCIDENT” and hits Dad, Dad can sue him.
Well, it’s likely that either dad or son has coverage and coverage is only triggered upon liability. I am certain that if I ran into my son, that I would want my coverage to pay for his injuries just like it would if I hit a stranger, rather than him having to pay out of pocket.
And yes, if my son hit me, I would also want coverage triggered and my expenses paid by such coverage – that’s what insurance is for – right?
I don’t think this case is about going after personal assets of family, rather assessing who is liable, so coverage is triggered.
Indiana is not a no-fault state so the son must make a claim against the father for the medical bills. I agree the medicals should be covered, but a family member should NOT be able to sue another family member for “pain & suffering”. The potential for collusion and fraud is too great. Here the son was also at-fault for being stupid enough to stand in front of a moving vehicle.
Did the court also defeat the auto policy language which excludes coverage above financial responsibility limits for this situation? Or am I behind the times in not knowing that auto policies typically provide liability coverage for this?
Doesn’t sound like that was the issue being reviewed.
Suits like this were historically viewed as against public policy by setting family members against (or setting up the possibility to collude with) each other That is why I was curious to inquire as to the typical personal auto policy response.
The standard policy language usually only deals with a relative/family memeber who is also an occupant of the vehicle.
Since the son was a pedestrian, the courts (appellate and supreme) made the right decision.
I wonder if son suing for more than just medical bills ….. pain and suffering, blah blah blah – Guess I’ve been in this business too long and just don’t trust people ! There’s more to the story than the little bit above – that much, I’m sure of !
well,interesting but i find this both the father and son at-fault… afterall, the son was giving directions while standing in front of the vehicle, knowing full well of any consequences that can happen… so he ignored the fact of his own safety… this is probably where the insurance will probably figure a way out… many states are now offering additional coverage for spouse liability above the regular liability. for example, if my wife is sitting in her seat as a passenger and is hurt, she still would be covered if there is no PIP coverage. MD and NY have this coverage. technically the spouse can sue for damages to him/her, to take care of those medical bills. then again, each state and each company are unique – and so goes the coverage…. wonder if the son has any health insurance, remember we don’t know the age of the individuals in this story…
“I would also want coverage triggered and my expenses paid by such coverage”.
Personally, I want coverage that applies no matter who’s at fault. Health insurance and perhaps disability insurance would cover the injuries. You should have insurance that covers you whether injuries occur in your car or in your kitchen. Depending on auto insurance to cover accidental injury leaves some big holes.
There are some circumstances where health insurance will not pay until auto is resolved. And his own auto insurance will not pay (Uninsured/underinsured motorists) until other auto insurance is resolved. I had a similiar experience a few years back with my son. He was thrown from the back of a truck as it flipped. The driver was not the insured driver. He was not covered by any insurance. My son was hurt terribly, but my medical/health insurance provider stated that since it was an auto accident it would act as second insurance and the auto insurance would be primary. My own auto insurance company would not allow me to file on uninsured until the insurance company covering the truck and the driver’s family insurance carrier settled or denied payment. I had to hire a lawyer and sue the driver and the truck owner in order to compel the insurance companies to come to their defense just to get them to respond to my request for a return phone call on the matter.
It is probably the same here. He probable had to sue his father in order to force the insurance company to get involved.
In a no-fault state like New Jersey, the vehicle’s PIP coverage would pay the medicals up to $250,000. Indiana is not a no-fault state so the kid has to make a claim for the medicals under the liability coverage.
Just curious, why do people think insurance should cover absolutely everything? Yet, those same people complain about how much insurance costs… Amazing.
NJ isn’t as crazy as you make it out to be. The first $50k in coverage is paid on an 80/20 basis–just like a PPO.
That tends to cut down on the fraud.
Now MI–that is a crazy PIP state.
“Just curious, why do people think insurance should cover absolutely everything? Yet, those same people complain about how much insurance costs… Amazing.”
I don’t think it should cover absolutely everything – but I do think my auto coverage should cover people who are injured by my driving an auto. In addition, I don’t complain about how much it costs.