Legal Question in Insurance Law in West Virginia

Accidental Auto

My nephew was in a car accident almost 2 yrs ago. He was the passenger and was listed as John Doe. No other vehicle was involved. The driver's insurance will not cover all of his expenses. It will only cover a small portion. Now he is in deep financial trouble for something he had no control over. What can be done about this? He needs somebody's help soon.


Asked on 1/28/07, 1:52 pm

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Re: Accidental Auto

As a passinger, an injured person is entitled to recover medical expenses, lost wages, pain and suffering and other claims he may have from insurance coverage. The primary coverage is the coverage applicable to the car. This is both the medical payments and the liability limits. Secondary coverage is any coverage to which the person is entitled because of his own policy or a policy issued to an adult member of his household. There are other possible sources of compensation which are fact specific. Because this is a tort claim, the 2 year Statute of Limitations applies. (unless your nephew is a minor) Suit must be filed within the two years of the accident or the ability to recover will be limited or lost. It is important to consult a lawyer to protect your nephew's interest.

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Answered on 1/28/07, 4:06 pm


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