The only way to recover damages is to pursue a claim for
damages against the driver (and by proxy his insurance company).
As mentioned, a passenger on a snowmobile may have a claim for
damages against the driver and the owner of the snowmobile if the machine is negligently operated.
If you have been seriously injured in a motor vehicle accident involving a left - turn at an intersection, then you may have a claim for
damages against the driver who was making an unlawful turn.
When there is a driver fatigue situation in which a driver either has a history of doing this or is flagrantly in violation of the law, additional
damages against the driver personally are available.
If you have been hit by a car while riding your bike, there will be questions about who is liable for the accident and who has the onus of proof if you are injured and make a claim for
damages against the driver of the motor vehicle.
We will carefully but quickly investigate your case and help you pursue a claim for monetary
damages against any driver whose carelessness or recklessness caused your crash and injuries.
In a negligence claim for
damages against another driver, an injured person can potentially recover monetary compensation in the following areas:
When a person is injured by a drunk driver, the injured party may pursue punitive
damages against that driver.
Not exact matches
Accommodations hosts and ridesharing
drivers can opt in to an insurance program protecting
against damages or losses due to unexpected disruptions in employment.
Collision coverage insures
against physical
damage to a vehicle in a crash if the
driver is at fault.
Property
damage liability coverage insures
against physical
damage that at - fault
drivers cause to other people's vehicles and property in crashes.
If the other
driver's injuries and / or property
damage exceed your policy limits, he can file a claim
against his own under - insured motorist coverage to pay what your policy will not cover.
This type of insurance helps protect
against injury claims and property -
damage suits (up to policy limits) brought by other
drivers, pedestrians, or property owners if you are at fault in an accident.
The more information you gather about the accident, and concerning the
damage to your vehicle, the better you'll be able to present your claim to your auto insurance company, and the better they'll be able to defend you
against any claims from the other
driver.
In some falling cargo cases, our reputable commercial truck accident attorneys will seek punitive
damages against negligent truck companies and
drivers responsible for the accident.
Many states have «dram shop» laws or statutes which allow victims to pursue liability claims
against establishments that provide the alcohol to drunk
drivers who are involved in accidents and cause injuries or other
damage.
A New Mexico personal injury lawyer could make a claim for wrongful death
damages against the wrong - way
driver.
Underinsured Motorist (UIM) coverage is intended to protect you
against drivers who have liability insurance coverage in an amount less than your
damages and less than your UIM coverage.
If you are involved in a crash with an aggressive
driver, you have three options for recovering
damages: you may file a claim with the insurance of the at - fault
driver, file a claim with your own insurance (which you may do if you have collision coverage, MedPay coverage, or UM / UIM coverage), or file a lawsuit directly
against the other
driver.
Where the person who causes a motor vehicle accident is acting within the course and scope of employment, or is driving a company vehicle, there is potential for recovery of
damages not only
against the negligent
driver, but also
against the employer.
Personal injury law provides a legal recourse to recover monetary
damages against the drunk
driver.
The Supreme Court has unanimously allowed an appeal, in a case that required the court to consider whether a claim to
damages against the UK Motor Insurers» Bureau was to be determined in accordance with English or Greek law, where the respondent had been injured by an uninsured
driver while on holiday in Greece.
Depending on the circumstances of your case, we may be able to pursue compensation for punitive
damages against a negligent trucking company, truck
driver or other responsible parties.
While each case is unique, we can help you determine whether money
damages can be recovered
against the at - fault
driver.
If a
driver hit you while passing through the work zone, you could file a personal injury lawsuit
against them and seek
damages for your head injury.
By taking legal action
against the
driver who was texting at the time of your accident, it may be possible for you to receive monetary
damages to pay for all of your medical expenses and your lost income and reduced future earning power, as well as compensation for your pain, suffering and emotional distress.
If you have been involved in a car accident caused by poor weather conditions, you might be able to pursue a claim
against the other
driver to get compensated for your
damages.
If an accident is caused by a vehicle that is owned by the employer, and the
driver was being paid when it occurred, there is a high likelihood that it happened in the course of employment and that a
damages award
against the employer is appropriate.
At Allegiance Law, our drunk driving accident attorneys are well - versed in establishing liability
against the intoxicated
driver and will pursue the maximum
damages on your behalf.
Where an uninsured
driver causes injuries to another person, the
driver will not be able to call upon the auto insurance carrier to defend
against any resulting lawsuits, or to pay any settlement or award of
damages resulting from litigation.
Similarly, automobile design flaws leading to a roof that crumbles or a vehicle that is more likely to tip over may give rise to a claim for
damages against the car company, even where the accident itself was caused by the
driver.
In accidents where the other
driver is at fault, you may be entitled to file a claim
against his or her insurance policy for the injuries and property
damages you suffer.
The New York DMV mandates all
drivers carry car insurance in case of an accident, and when
drivers who cause an accident are found to have no or insufficient coverage, it makes filing a claim for
damages against them more difficult.
Importantly, Justice Pedlar also ruled that Mr. Matheson could pursue his claim
against the at - fault
driver, who had relied on the Insurance Act as a complete bar to Mr. Matheson's claim for
damages.
In Moloney v Alberta (Administrator, Motor Vehicle Accident Claims Act), the Alberta government refused to issue a
driver's licence to John Moloney because he has unpaid judgment for personal injury
damages against him.
ICBC's counterclaim was allowed and
damages were awarded to ICBC
against the drunk
driver in the amount of $ 212,000 together with interest pursuant to the Court Order Interest Act.
In Ontario, if you are seriously injured as the result of another person's negligence involving an uninsured motor vehicle, you have recourse to your own car insurance policy which allows you to recover
damages which would otherwise be recoverable
against the uninsured owner /
driver.
You must show that you have suffered a «threshold injury» to win
against a careless
driver to recover non-economic
damages in a «Third Party» claim.
This is because filing suit
against the other
driver individually limits you to the amount of assets the other
driver may have (which could be close to zero) and the other
driver could conceivably file for bankruptcy if they are ordered to pay a large
damage award.
With the Ontario car accident benefits changes made June 1st 2016, many of us are studying our policies more carefully and may need to seek more
damages in a personal injury lawsuit
against the at - fault
driver.
When a person is injured by a
driver intoxicated or impaired by alcohol or drugs, the injured party may pursue additional
damages — called punitive
damages —
against the drunk
driver.
We do this by examining every aspect of your drunk driving accident case to make sure that the scope and extent of your injuries,
damages and harm are fully documented so that you will have strong supporting evidence in your claim
against the drunk
driver.
These cases are termed «criminal negligence,» and if law enforcement finds the hit and run
driver, which is a frequent result, a lawsuit can be filed
against the negligent party for compensation for
damages.
This 2013 New Brunswick case is an example of an injured
driver of a snowmobile successfully claiming
damages against a property owner who had created a hazard on the snowmobile trail that crossed its lands.
In such cases where the at - fault
driver either didn't have any auto insurance or where their insurance was insufficient to cover your
damages, then you would file a claim
against your own policy to seek financial recovery up to the full policy limits or if necessary through filing a civil lawsuit.
After each accident that occurs, railroads will usually attempt to blame the
driver themselves and even go so far as to file a lawsuit
against them seeking compensation for
damage to their train.
Uninsured motorist insurance protects you
against those
drivers who don't have insurance or don't have enough to cover
damages if you are involved in a car wreck.
When seeking
damages against a negligent
driver in court, a B.C. judge will review your complete medical history follow
An accident victim or the affected family can file a New Mexico personal injury lawsuit
against the drunk
driver that caused the accident, and they may be able to recover
damages in addition to any compensation offered by the insurance companies.
When the other
driver's insurance will not be enough to meet your
damages demand, we will consider legal action
against other defendants, such as road maintenance contractors, public transportation agencies, or component manufacturers.