Legal Question Concerning Auto Insurance, Health Insurance

Pathogen03

Golden Member
May 16, 2004
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Ok this is sort of a legal question concerning car insurance, hospital insurance, and other things. :)

Yesterday Afternoon
me and some friends were bored, so i was driving in circles outside a friends house while they stood in his driveway talking about what they wanted to do.. one of them had the genious idea of laying on my front hood while i went in circles to pass time. about a minute later I stop and make him get off.
I do a few more circles, another friend starts racing after my car, and jumps on the trunk and sits down as im going in circles (no more than 10 mph, i was talking fine out the window with them) after about 3 seconds (straightaway, i didnt want to turn) he slides off, falls on his feet, back on his elbows, then hits his head on the asphalt. he has a scrape on his lower back where he hit the ground and slid a bit or so, scrapes on his elbows, and the TINIEST scrape on his head (we were able to get 2-3 drops of blood)
10 mins later he has ice on everything, has short term memory loss of what happened, and keeps repeating things, reinforcing the short term memory loss. He was sweating profusely before, but it stopped 20 mins passes, he is drinking water, new ice and everything, he is slowly getting memory back and his headache has gone down. all limbs and back are 100% fine, but he says his back hurts a bit
We consider going to the hospital. I say no/let his parents decide, two friends say he should ask his parents, and he says no.
He is no longer dizzy, but still sort of out of it. we call his parents, they panic, and rush over. They rush him to the hospital, our car in tow. We had to go 95 mph on the highway to keep up with them, and they ran several red lights. we caught up with them as they were pulling into the hospital emergency room entry area. We stand in line for him as he is brought a wheelchair and taken to bathroom, where he vomits. From then on we wait 2 hrs at the hospital untill his parents basically force us to go home
he has a massive hospital bill, due to two MRIs, a CAT scan and a few other things.. in the range of $30,000

His dad wants my auto insurance to cover it.

His dad doesnt understand that will jack my rates up an INSANE rate, so ill end up paying well over 30,000

His dad never got the full story of what happened.. that his son RAN after my car and jumped on with NO goading or anything, noone egging him on or anything
His dad had the hospital file it as an "auto accident" so now he may have no choice if he wants insurance to pay for it , he might have to count it as an auto accident with my car
Right now his Dad is calling my dad on the phone.. they are working it out apparently.
me, my dad, even the friend a bit thinks its BS that I have to pay


Ill slowly edit it into paragraph form, i just wanted quick responses.

Note: Im in Maryland
 
Oct 9, 1999
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you are not liable.. your friend jumped on to your car, a moving car and fell for no fault of yours (assuming you didnt hit the gas all of a sudden forcing him to fall off the trunk).

In anycase, your friends dad is SOL on this, your friend jumped on to the back of the car, and you didnt ask him to do that...
 

Pathogen03

Golden Member
May 16, 2004
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Lawyers cost money..

I was more or less asking if this could be resolved without lawyers, like is there some law i can point out to him that screws him over, or some similar thing that would make him not want to hit me up for 30,000 dollars.. Or any money for that matter.

If it works out to something like just a $400 charge from insurance, on his plan, ill split that with him, but i would consider that being nice. Thats like a bicyclist hitting my car in a parking lot, and making money off of it.. Its his own damn fault.

Edit to reply to above post:

I did not slam on gas, i looked in the rear view mirror, laughed, went for about a second more and decelerated gently. He fell as i was maybe 8-9 mph. Im still surprised he didnt just land on his feet.
 

mugs

Lifer
Apr 29, 2003
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How old are you, and why do you drive around in circles in front of your friend's house when you're bored? That's the stupidest thing I've ever heard.

But if the events are as you really described them, I hope it works out for you.

I did not slam on gas, i looked in the rear view mirror, laughed, went for about a second more and decelerated gently. He fell as i was maybe 8-9 mph. Im still surprised he didnt just land on his feet.

His body was still moving 8-9 mph, a decent running pace, and it sounds like he was facing away from your car when he hit the ground. It doesn't surprise me at all that he fell when he hit the ground, there's no way for him to balance himself.
 

Pathogen03

Golden Member
May 16, 2004
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Im 17, hence the car accident on record shafting me. No alcohol, drugs, or anything even remotely like it going on. We were trying to decide what to do (we had just gotten back from I, Robot) and were tryin to figure out where to go to dinner. It was hot outside so i sat in my car with the AC on.. that got boring so i drove circles (literally 30 feet up the court, 30 feet back down, 3 point turn and 30 more feet up the court..)
 

fredtam

Diamond Member
Jun 6, 2003
5,694
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Originally posted by: Pathogen03
Lawyers cost money..

I was more or less asking if this could be resolved without lawyers, like is there some law i can point out to him that screws him over, or some similar thing that would make him not want to hit me up for 30,000 dollars.. Or any money for that matter.

If it works out to something like just a $400 charge from insurance, on his plan, ill split that with him, but i would consider that being nice. Thats like a bicyclist hitting my car in a parking lot, and making money off of it.. Its his own damn fault.

Edit to reply to above post:

I did not slam on gas, i looked in the rear view mirror, laughed, went for about a second more and decelerated gently. He fell as i was maybe 8-9 mph. Im still surprised he didnt just land on his feet.

Granted I'm not a lawyer but I don't think there is any law that would 100% dismiss your liability. Now it comes down to the varying degrees of fault. Your right lawyers do cost money so let him file against your insurance and their lawyer will handle it but when he ends up with nothing you will need a lawyer for the civil suit.
 

Pathogen03

Golden Member
May 16, 2004
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I dont want to shaft my friend, as he is only half supporting of his Dad, and he even says its not totally my blame (which is a start), which by extension i dont want to shaft his family. Sadly, it seems like someone needs to be shafted. Man I like to say :shocked:SHAFTing:shocked:. Heheh.. Shafting!... danananannana Shafting!


edit:

I might want to shaft his sister tho.
 

jemcam

Diamond Member
Jan 3, 2001
3,676
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You didn't say what state you're in, but there are specific laws that dictate whether or not this should be covered on your auto policy or not.

More than likely, your insurance on your car will end up paying for it. It doesn't matter whether or not you did anything to cause the accident or not, if your car was involved in the accident, sooner or later they'll get an attorney and he'll make you or your insurance pay the bill.

If an attorney gets wind of this, you'll be lucky if that's all that happens.
 

Pathogen03

Golden Member
May 16, 2004
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Im sorry, im in Maryland. Ill add that to original post.

Man, car laws are BS..

I did nothing to provoke him to jump onto my car. I slowed down approx 1 sec after he jumped on. He did every action that led to his fall, I did every action I could to prevent it, and somehow im gonna get shafted.


If this honestly happens, next time i go to his house, im gonna take a bat to his Dads car and sprain my wrist, get a dozen X-rays, MRIs, cat scans and have the shrapnel from his windshield that somehow got stuck in my jacket surgically removed.
 

Curly01

Senior member
Jul 5, 2002
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It really doesn't matter if no one egged him on or not. You didn't have to keep driving. Poor judgment on your part and on his. Hopefully this can be worked out in a civilized manner. I see the point of your Friends father, why should his insurance have to pay the bill and I see your point.

How is your friend doing?
 

Kelvrick

Lifer
Feb 14, 2001
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You're insurance company will likely deny the claim. If your friend's family wants anything, they'll have to sue. You don't even have the hire a lawyer, your insurance company will have one for you.

I am not a practicing lawyer soany advice I give cannot be considered as truth.
 

SuperTool

Lifer
Jan 25, 2000
14,000
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You gotta look out for you. Forget your friend. He is a dumb@ss. If they file a claim against your insurance company, tell them what happened, and let them fight it out. They have lawyers.
 

Pathogen03

Golden Member
May 16, 2004
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I talked to my friend right before i wrote this post, so i had every opinion of what happened. We have my story (I saw him on my car, sliding and on the road, from a bad view. We had a side view from one friend, a back view from another, and his recollection.

My friend just complains of a headache right now, he said at the hospital though his head was really pounding, so they gave him an IV of something which lessened it, i think thats how his Dad is going to rationalize the hospital visit..

edit:

Im still praying for his health insurance to cover it, and me and him split a $50 copay... My parents are hurting for money, they just seperated and are struggling a bit to pay two rents on two apartments. My friends parents just got evicted as their landlord didnt like them, and they got a much cheaper townhouse, as they dont need to be near a high school anymore. They moved right next to the college my friend is going to. so I would assume they have extra money laying around.

His first year of college is costing him about 1/2 of what mine is. :(

Oh, something i forgot to point out: MY FRIENDS DAD HAS DIPLOMATIC STATUS, HE WORKS WITH THE UN AND THE WORLD HEALTH ORGANIZATION AS A PSYCHOLOGIST. Taking this in to account, i think im shafted. Ive heard waay too many stories about fvcking diplomats ramming people in their cars, and ruining their lives while the diplomats have to do nothing.
 

SuperTool

Lifer
Jan 25, 2000
14,000
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Originally posted by: Curly
It really doesn't matter if no one egged him on or not. You didn't have to keep driving. Poor judgment on your part and on his. Hopefully this can be worked out in a civilized manner. I see the point of your Friends father, why should his insurance have to pay the bill and I see your point.

How is your friend doing?

If he braked, and the friend fell, I would think that would be worse than if he kept going at same rate, because the friend could claim it's the braking that caused the fall.
Although I wouldn't even have let the 1st friend lay on the hood. I don't even let my friends ride in my car without seat belts on, much less on top of it. You are asking for trouble.
 

Pathogen03

Golden Member
May 16, 2004
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He jumped on my hood and had his hands in good grips around the rim of my hood.. even dinged it with his watch. =/

I drive a 1993 Mercury Sable, and according to him its quite comfortable up there. I would never let a friend drive in my car over 15mph without a seat belt... If im just shuttling a few people down a neighborhood street from one friends house to another, its not a big deal to me if they dont all have their seatbelts on. I always have mine on.
 

SuperTool

Lifer
Jan 25, 2000
14,000
2
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Originally posted by: Pathogen03
I talked to my friend right before i wrote this post, so i had every opinion of what happened. We have my story (I saw him on my car, sliding and on the road, from a bad view. We had a side view from one friend, a back view from another, and his recollection.

My friend just complains of a headache right now, he said at the hospital though his head was really pounding, so they gave him an IV of something which lessened it, i think thats how his Dad is going to rationalize the hospital visit..

edit:

Im still praying for his health insurance to cover it, and me and him split a $50 copay... My parents are hurting for money, they just seperated and are struggling a bit to pay two rents on two apartments. My friends parents just got evicted as their landlord didnt like them, and they got a much cheaper townhouse, as they dont need to be near a high school anymore. They moved right next to the college my friend is going to. so I would assume they have extra money laying around.

His first year of college is costing him about 1/2 of what mine is. :(

Oh, something i forgot to point out: MY FRIENDS DAD HAS DIPLOMATIC STATUS, HE WORKS WITH THE UN AND THE WORLD HEALTH ORGANIZATION AS A PSYCHOLOGIST. Taking this in to account, i think im shafted. Ive heard waay too many stories about fvcking diplomats ramming people in their cars, and ruining their lives while the diplomats have to do nothing.

His diplomat status is not going to help his son's claim against you. It's irrelevant, I think. I would be careful splitting the bill with him, because it may mean you are accepting responsibility. I think you would be well advised to get a lawyer, because you are playing with fire here. He can file a suit against you for a lot more than what your insurance will pay if there is some permanent damage, and you could be really screwed.
 

Pathogen03

Golden Member
May 16, 2004
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I would probably have him officially get the tab, and id hand him a cash gift of some % of the total cost, at some time. Hell the kid owes me $57 allready. =/
 

Kelvrick

Lifer
Feb 14, 2001
18,422
5
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Get a damn lawyer already. Or at least call your insurance agent. In fact, your agent might not be any help. Call them, and talk to an adjuster from the legal department.
 

jemcam

Diamond Member
Jan 3, 2001
3,676
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Originally posted by: Kelvrick
Get a damn lawyer already. Or at least call your insurance agent. In fact, your agent might not be any help. Call them, and talk to an adjuster from the legal department.

All the agent can and will do is file a claim to be forwarded to claims. You don't need an attorney if you have insurance, after all, that's what you're paying insurance for.

Let the adjuster do the talking, they're familiar with liability laws, and what they owe for and what they don't. The insurance company shouldn't simply deny it and let you go to court alone. That's what they're there for. On the other hand, if you have a really cheapo insurance company, you're finding out the difference between the bigger, good companies and the cheap ones.

Just a reminder to all the folks that brag about getting really cheap rates through some fly-by-night operation.