People often ask whether they can sue a friend or relative after a car accident in which they were injured. Regardless of whether it is a close friend or a relative whose negligence caused the accident, a passenger can make a damage claim.
Take for example the case of Fawlkes v. Fox. Barbara Fowlkes, 20, was riding with Seth Fox when Fox started driving erratically. He was joking and swerving and ended up losing control of his vehicle and running into a concrete wall.
Fowlkes received a serious ankle injury and subsequently required two surgeries. Even after the surgeries, she continues to experience pain. Her injuries will limit her future employment opportunities.
Fowlkes filed suit alleging Fox was negligently driving at the time of the accident. She asked for $54,500 in compensation in filing suit against Fox, and under the uninsured motorist coverage of Encompass Insurance Co. and AIU Insurance Co.
The parties in the case settled and Fowlkes received a $507,500 settlement with $52,500 awarded from Fox, $430,000 awarded from Encompass and $25,000 from AIU.
While filing a lawsuit against a friend or a relative is not easy, the passenger whether they are a spouse, child, cousin, or friend are entitled to make a car accident claim.
Passengers should not hesitate to file a claim even though it was a friends or family’s car. They purchase premiums which covers them and their passengers.
This information is provided by Seattle Car Accident Lawyer blog, a service of The Farber Law Group. We are a Seattle personal injury law firm and we represent people who have been seriously injured in motor vehicle accidents.
Source: Fowlkes v. Fox, No. 08-7229 (Tex., Dallas Co. Jud. Dist. June 2011).
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