Q: I ran into a plank out the back of my ex's truck I have perm. eye damage and no useful vision, could i sue his ins?
He had let me borrow his truck to run some errands, the plank had an aluminum plate on the end of it...i went to a friends apartment and when i came out to leave, it was dark out, i don't usually drive his truck and there usually isnt a plank sticking out two feet past the tail gate, i ran into the plank and it punctured the globe and my eye collapsed on its self causing vision damage and my retina to detach and i have had two eye surgeries already and have had my lens taken out...and am supposed to have another on the 26th...my retina specialist said there is permanent damage and i will never have 100% useful vision in my eye again. i talked to two attorneys and they said that i would have to prove him more negligent than me, since i actually drove it that night. it was parked on the street at my friends house when the accident happened. is someones insurance responsible?
A:
Possible the medical payment provision of his car insurance is if it covers you in your state for injuries that happen in the process of getting into a vehicle. That part is usually "no fault" so whether you should have remembered what was
in the bed of his truck or seen the item doesn't matter. Check that out. If you have car insurance of your own that would be primary. Note--usually the limits are low so you'd want ot save this for the doctors that don't take your insurance .
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
