If I was the driver but not at fault in a auto accident but my passager was beating and hitting me in the face then took the wheel & ran into a pole
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I was the driver but not at fault in a auto accident but my passager was beating and hitting me in the face then took the wheel & ran into a pole
I did not receive a ticket but he did and he went to jail foe assult my ins is refuseing to pay anything except the utlity pole but I got serious injuries to my head do I have the right to get bodily injury liablity money which it states on my insureance form
Asked on May 13, 2009 under Accident Law, Oklahoma
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You need to talk to a lawyer in your area about this. You can start looking for one at our website, http://attorneypages.com
I'm not an Oklahoma lawyer, and car insurance laws differ from one state to another. Usually, there are different types of coverage that you can buy or not, so even in one state, not all car insurance policies are the same. You'll need to take your policy along to the lawyer's office, together with all the letters, etc. that have gone back and forth about your claim, and a copy of the police report will help, too.
Typically, a car insurance policy covers damages and injuries "arising out of the ownership or operation" of the insured car. The insurance company might have decided that your head inury was from the assault, not the accident. Without knowing more about what happened, I can't say for sure whether that is true or not, but it is not at all unusual for an insurance company to deny a claim for a reason that later turns out not to hold water. But the insurance company will defend their decision, with lawyers who often do nothing else but defend those decisions, so you need a lawyer on your side if you want to fight them.
You can also talk to your lawyer, about whether it makes sense to sue your passenger.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.