DUI Case Results In $1.25 Million Insurance Settlement
A man who was paralyzed after a 19-year-old college student struck his motorized scooter recovered a $1.25 million insurance settlement. The case revolved around the conduct of a college student who was legally drunk and had Xanax in her system at the time of the accident. The student failed to see the plaintiff on the scooter and hurled him through the air causing traumatic brain injury and paralysis.
The girl was sentenced to 6 months in jail for DUI causing serious bodily injury. She was driving her mother’s car at the time of the accident. That means that the liability would fall on her parents, the owners of the car. However, responsibility for the accident still falls on the man who is paralyzed for the rest of his life and the girl who spent 6 months in prison for causing his injury.
Accidents involving a minor driver
Whoever owns the insurance policy that covers the car is responsible for any accident that is caused by anyone driving the car. There is an exception when the car is stolen. If a driver steals a car and then causes an accident, the plaintiff would need to file a claim on their own uninsured driver’s policy, if they carry coverage. If they don’t, then they’re out of luck. They could sue the car thief directly, but it won’t do them much good. Most individuals who steal vehicles don’t have large stores of assets to sue against.
In the case of a college student who is driving her mother’s car, the liability would fall on the policyholder, or in this case, the mother.
Liability can be imputed from one party to another if the party has control over a situation and transfers that control to a second party. A parent allowing their children to use their vehicle is among the most obvious and popular examples of negligent entrustment. However, companies that entrust their vehicles to bad drivers also get sued on these grounds as well.
In this case, the mother entrusted her vehicle to a daughter who was driving under the influence of drugs and alcohol. The daughter caused a near-fatal accident that resulted in a life-altering injury.
The plaintiff now requires 24-hour care. He will use the money from the settlement to pay off medical expenses and purchase a home closer to his primary treatment facility.
Can you get insurance money for a DUI accident?
In Florida, the answer is yes. In other states, that may not be the case. An insurance company may not have to pay out money for any criminal activity. In New York State, that is the case. In Florida, however, the insurance company will pay up to the policy amount. The driver may also be on the hook for punitive damages, but those would be paid out of their own pocket.
Talk to a Miami Personal Injury Attorney Today
The Miami personal injury lawyers at Payer Law represent the rights of injured plaintiffs in lawsuits against negligent defendants. Call today to schedule a free consultation and we can begin preparing your suit immediately.