Pittston, PA asked in Car Accidents and Personal Injury for Pennsylvania

Q: If my friend was drunk driving my car and refused to let me drive and smashed my car and I broke my jaw in the accident

I only have liablity and my phone was dead and they kept telling me I can't report it or else I'm held responsiable. It happened a little over a week ago. Is there something I can do? Can I sue his insurance company or mine? He is a licensed driver and is insuranced too. Also I found out he's been in two accidents before and was told that if he was in one more he'd lose his license. Is there anything I can actually do or not? I also have proof by messages between me and someone who was also in the car proving the kid was driving and that they were "bombed" as well so he can't say he wasn't drunk and he wasn't driving. Thank you

2 Lawyer Answers

A: If you sue your boyfriend for your personal injuries and damage to your car, your liability insurance would, at least initially, be primary and provide coverage, and your boyfriend's insurance would be excess and provide additional coverage. However, if your boyfriend was driving without your consent, your insurance company could try to deny coverage. In that event, if your insurance company is successful in a coverage dispute, the boyfriend's insurance would become primary.

Both insurance companies would be put on notice of the accident and, at some point, there could be a second suit to determine which insurance company or companies is/are responsible.

In your claim against the boyfriend, your possible contributory negligence for getting into the car with him when you felt that he was incapable of safely driving would have to be evaluated.

If your boyfriend was served liquor in one or more bars or other liquor licensed establishments while he was in a visibly intoxicated condition, there could also be a viable claim against such establishment(s) for what is called a "dram shop" action.

You should promptly review all this with a lawyer who is familiar with personal injury, liquor law and insurance coverage questions to get definitive advice as to how to proceed.

A: 1) Your medical bills are paid by your insurance regardless of who is at fault, up to the limits of coverage

2) Hopefully police responded. If he is charged and convicted, your other medical payments can come from his liability insurance or Crime Victims--contact us for information & we'll send you information on that.

3) Damage to your car--usually liability property damage won't cover your own vehicle if loaned to someone else. However policy language governs. So his policy on that.

4)for any policies, give no more statements. NO MORE! There are some technical issues and you need the guidance of a member of the Pennsylvania Assn for Justice--we all give free consults, and we'd be happy to discuss these issues with you.

5). Liability--your policy may or may not cover you depending on wording. If limited tort you mayhave some other isssues.

6) wage loss--if you have it, that pays first. any excess or if you have no coverage, his policy pays but they don't have to pay up front.

7) possible actions against the bar and potentially others.

Again, give no statements until you've spoken with one of us.

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