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 .
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