In february my daughter stayed the night with a friend. Her friend had to take some stuff to someones house and the parents allowed my daughter to go with her. On the way back a deer bolted out in front of them and they swerved and struck a tree at 50 mps impacting on my daughter side of the car. My daughter sustained back (2 bulging disk and soft tissue), neck injuries (soft tissue damage) and multiple bruises and lacerations to her legs. The insurance company says there was no negligence since it was a deer. The one thing I question is the fact that the driver was in her 90 days probation license. In Indiana no one under the age of 18 can ride with someone on their probation license for 90 days without an adult present. Would this be considered negligence? Her bills are up to $ 22,000 and the insurance says they will only pay up to $ 25,000 medical and no pain and suffering. If it goes beyond $ 25,000 then we have to file a bodily injury claim and only then will it pay pain and suffering.
Richard K
Driving alone or without a qualified driver while on a probation license is against the law ... pure and simple.
Insurance companies rarely, if ever, make payments to law-breakers.
Your claim should be against the driver who, by driving without a qualified driver, could not be legally insured.
joel95ex
No. For there to be negligence, there has to be a direct causal relationship between the person's action or inaction and the resulting outcome (crash). If you research cases, you'll find that most people who are found negligent, have done something unbelievably stupid. althought the driver broke the law and was not experienced, negligence would not be the case here. you could check with an attourney as the ins co is always going to try to deny all payment.
sensible_man
The only negligence was on the part of the girls parents. They allowed her to drive illegally. Only way to get any more money than what the insurance offers is to sue the parents.
Orignal From: Is there negligence if there is a car accident and the driver was under probationary license?
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