Legal Question in Insurance Law in West Virginia

Uhaul truck crashes building

Niece is sitting at work desk, a uhaul truck crashes through the wall, pinning her under the truck. The driver only took out the smallest insurance uhaul offered, $20000.00. Niece spent 4 days in hospital, injuries not life threating, but needed test and care of wounds. She is still in pain, and physical therapy. Her lawyer has tried to get info from uhaul, such as their insurance. They respond with,'' the policy taken out by the driver is the only insurance they carry,'' and that they are not responsible. Her lawyer feels that they are stone walling, but is not sure how to prosede. My question is, Is it legal for uhaul to rent a truck out, and not carry liabilty insurance on top of what they sell the renter? Does my niece have grounds for a law suit? She is in pain,and doesn't know what is going to happen.


Asked on 8/20/04, 7:19 pm

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Re: Uhaul truck crashes building

Without question, your neice has a viable cause of action against the driver of the u-haul. She is entitled to be fully compensated. I will not go in to the elements of compensation at this time. Your question goes to insurance coverage. Your neice is able to recover from the following possible coverages and they all combine to stack on each other to provide full compensation: Coverage applicable to the truck. Coverage held by the driver and written for his own car. Coverage held by an adult driver in the same household of the driver for some other car. Coverage applicable to a principal for which the driver was an agent at the time of the crash. Coverage available to your neice under her own underinsured motorist coverage. Coverage available to your neice available to her under a policy written for an adult member of her household. There may be more possibilities depending on the factual circumstance. This short answer cannot be taken as definitive legal advice. She should consult counsel. There are many good personal injury lawyers who will evaluate the case. There are several additional issues which should be evaluated, including medical payments and workers compensation coverage. Good Luck. Keep in mind that in West Virginia, there is a two year statute of limitations for action against the driver. There may be shorter limitations for other sources of recovery.

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Answered on 8/20/04, 8:10 pm


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