Legal Question in Personal Injury in North Carolina

Trucking accident

My daughter was hit by an 18 wheeler last year she was a passenger. Here is my question. Can we collect on two policies - the driver of the car and the 18 wheeler? Her medical bills so far are over 800,000.


Asked on 1/23/08, 9:20 pm

2 Answers from Attorneys

John Kirby Law Offices of John M. Kirby

Re: Trucking accident

In view of the injuries, you probably need to contact an attorney to discuss this matter in more detail. If both drivers were negligent, then you can recover under both policies. You also need to carefully consider other insurance policies, such as "underinsured motorist coverage." You probably need guidance from an attorney, and I would suggest that you contact one to discuss this in greater detail. You may contact my office as well.

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Answered on 1/23/08, 9:31 pm
Thomas Kellis Law office of Thomas A. Kellis II

Re: Trucking accident

In short, yes. However the only way you can sue the non-negligent party's insurance is for Under-insured purposes. Unless of course both parties were negligent! Initially you look to the tort-feasor. More importantly, the dirver presumably was working for a company as a driver, and you will also look to include the company in a potential suit. In matters lke this you need to look for the deepest pockets, which is generally the employer of the driver. You really need to consult with an attorney as soon as feasible. I would not recommend trying to handle a case of this magnitude on your own. I would be happy to answer more questions offline. Feel free to call me.

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Answered on 1/24/08, 11:41 am


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