by Bill Eiland | May 30, 2024 | LawCall Q&A
Question: I was traveling home from work and was hit by a stolen car that university police were chasing. They were out of their jurisdiction, and they chased him through a red light and into me. The insurance company of the stolen car wouldn’t cover the accident. What can I do?
BILL: Your “stolen” may not be the law’s “stolen.” The key issue is: did the car owner give the driver the keys? If so, that driver is called a permissive driver and is covered by the car’s insurance. If not, every policy I’ve ever seen says that insurance does not apply.
Now, you want your car fixed and any medical bills paid. There are several ways this could happen.
I have had situations where someone was said to have stolen the car, but we found out it was the car owner’s brother, and the car owner let him drive it all the time. We were able to get the insurance company to pay.
Uninsured motorist coverage will not cover your property damage. However, your own insurance company will if you have full coverage. Let me give my pitch for increased insurance coverage. I firmly believe that you should get as much coverage as possible. Insurance is to help you when the unexpected happens … like when you are hit by a stolen car. Thinking that getting the least coverage is the best financial decision is false. Please investigate uninsured/underinsured motorist coverage. It is amazingly inexpensive.
You did not mention if you were injured but let me talk a little about that. Uninsured motorist coverage would pay for your medical bills. It has been my experience that if the injuries are severe, you may need to combine several types of insurance to cover all the expenses. Some of the saddest situations I have encountered are when someone is injured, and there is neither enough insurance nor a faulty driver with enough assets to cover the expenses.
Now, getting the university police to pay is going to be tough. Police, governments, and some educational groups have particular rules under which they can be sued. There are severe time limits, amounts, and even situations where you must get their permission to sue. However, not all educational facilities are considered governmental. It is worth talking with a lawyer.
Now don’t give up without a fight. Talk to a personal injury attorney. Most will speak to you for free. Plus, remember that laws depend on where the accident happened. Florida, Mississippi, and Alabama all have different laws.
CALL BILL
Injured? You can call Bill directly at 251-255-5000. He will talk to you for free. Plus, watch Bill every Sunday night at 10:30 on NBC 15 LawCall, our legal TV show, here in Mobile. Hosted by Andrea Ramey, it is on right after the news.
by Bill Eiland | May 28, 2024 | LawCall Q&A
Question: My teenager wants to get a motorcycle. He is a good kid and responsible. What would you tell him?
BILL: I hope you never have to see a motorcycle accident. They are some of the most disturbing images you can experience. I’ve had probably 30 motorcycle cases. I love bikers, but the machines that bikers get on are just not safe enough.
You asked for my opinion and experience; I am going to give you the truth.
Most accidents involve a car hitting a motorcycle. After an accident, we always hear the same thing from the car driver—I just didn’t see them. And, you know, especially at night, that is probably true. To the car driver, one headlight coming down the road, when you are used to seeing two, often just won’t register.
In the cases I have had, it is rarely the motorcyclist’s fault. But the biker is the one who suffers. I mean, it is not uncommon to have multiple surgeries and years of physical therapy. And that is if they live.
I can’t tell you how many death cases I’ve had, and sometimes, the collision hasn’t even really been that bad. If the motorcycle rider had been in a Subaru or Hyundai, they probably wouldn’t even have gone to the doctor.
I had a husband and wife about 10 years ago, actually, friends of mine. They were going down Highway 90 and came up to Pleasant Valley. They were going downtown to go to Heroes with some other biker friends of theirs. A lady pulled out in front of them, and they hit the car between the driver’s and passenger’s doors. Both the husband and wife died instantly, and they had a 12-year-old, a 10-year-old, and a 6-year-old at home. Imagine, both of their parents gone immediately. And the bikers did nothing wrong.
Now you say your son is responsible. Well, I had two motorcycles pass me on the Interstate the other day, and I swear they were going over 100 mph. They were racing each other and weaving in and out. They didn’t think anything could happen … but I knew one mistake could severely injure them and potentially other people.
I don’t have anything against choppers or hogs… I even like scooters. I have family members who ride and are proud to do it. But I know what can happen. If you are on a motorcycle, you are on a high-powered piece of machinery with no seatbelt, no roll bar, no airbags, and without most every other kind of protection.
Just think about it. If you have a major collision, you’re at the mercy of physics. You will probably go flying in the air or, at the least, be crushed under the bike’s weight.
OK, to your question. I remember when my son was about 16, he said, “Dad, at what age can I get a motorcycle?” And I said, “The day after I die.” He wasn’t pleased, but he is still with us.
Hope this helps.
CALL BILL
Injured? You can call Bill directly at 251-255-5000. He will talk to you for free. Plus, watch Bill every Sunday night at 10:30 on NBC 15 LawCall, our legal TV show, here in Mobile. Hosted by Andrea Ramey, it is on right after the news.
by Bill Eiland | May 23, 2024 | LawCall Q&A
Question: My cousin was injured in a donkey basketball game when he fell off and was stepped on by another player’s donkey. He was wearing a helmet—my cousin, not the donkey. Now we have medical bills. Can we sue?
Bill: Here is my legal advice. You shouldn’t have donkeys indoors. It may not be illegal, but you just shouldn’t. Second, don’t get on a donkey playing basketball. What’s the old saying? It makes an ass out of you and me.
Seriously, you assume the risk when you do something stupid like that. You probably signed a waiver and a whole lot of other legal stuff. Still, he’s got a good case against that donkey.
Okay, now, really seriously. You can go against the organizers, the facilities, and even the opposing team, but that does not mean you will collect. Remember, in Alabama if you are even 1% at fault, you cannot collect anything. Where you 1% to blame? I mean, you did get on a donkey inside a building with other untrained athletic wannabes. It is looking a little iffy for you here.
Having said all that, I would take the case and at least look into it. It is so Mardi Gras. What I would not do is sign up for janitor duty. Also, you cannot sue the donkey. But you knew that, right?
CALL BILL
Injured? You can call Bill directly at (251) 255-5000. He will talk to you for free. Plus, watch Bill every Sunday night at 10:30 on NBC 15 LawCall, our legal TV show, here in Mobile. Hosted by Andrea Ramey, it is on right after the news.
