Question: I was a passenger in my friend’s car, and we had a wreck. I felt OK at the time, but now I am having back problems. My doctor says it may be from the wreck. Does my friend have to pay my medical bills?
BILL: Does your friend have to pay? Well, no, and I mean no, like really, NO. Unfortunately for you, Alabama is one of the few states with protection for the driver if they are giving you a free ride. It is called the Guest Passenger Statute.
Let’s say you are in the car with Andrea (note: host of LawCall) going off to get a cup of coffee. She starts playing with the radio and hits a telephone pole. There are no other cars involved. So, she is clearly at fault.
I cannot make a claim against her because of the Guest Passenger Statute. The judge would throw this out before I got down the courthouse steps. Now, up until 2001, I could go against your own uninsured motorist coverage, but unfortunately, our Supreme Court changed that.
Now, your friend could voluntarily offer to pay your medical bills. How good a friend is this person? OK, that is iffy, but it wouldn’t hurt to ask.
One other thing that you said. You mentioned that the doctor commented that your pain might be related to the wreck. “Might be” doesn’t help. To collect anything, the doctor must state to a reasonable degree of medical certainty and in their professional opinion that your injury is related to the wreck.
Now, it is worth talking to a lawyer especially if there is some kind of bad behavior – like drinking, or drugs, or speeding. I have 2 recent cases where I got around the Guest Passenger Statute because, in one case, the driver was drinking, and in the other case, the driver was going 75 in a 20 mph zone.
Another way to get around the Guest Passenger Statute is to pay for the ride. If you say, “Here is 20 bucks; take me to wherever, ” you are now a paying customer, not a guest. By the way, this doesn’t work if you just kick in some gas money.
These are difficult cases, but it costs you nothing (most personal injury lawyers will give you a free case review) to learn your options.
CALL BILL
Injured? You can call Bill directly at 251-255-5000. He will talk to you for free.
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