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Auto Accident with Girlfriend's Car

Discussion in 'Auto Accidents, Injuries' started by Sean Pauley, Mar 5, 2019.

  1. Sean Pauley

    Sean Pauley Law Topic Starter New Member

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    Hi. I was recently involved in an auto accident in MD. I was driving my girlfriends' car, but she was not with me. The police report identified the other driver as "at fault" and the other driver's insurance company has assumed liability for the incident. My girlfriend's auto insurance covered the vehicle property damage (which was a total loss), and is going to subrogate to the the at fault party's insurance company to recoup those expenses (including the deductible she paid and her out-of-pocket costs for her out-of-pocket expenses for the car rental coverage under her policy).

    While I am aware that as the driver, I am able to pursue a claim for my injuries and for pain, suffering, and inconvenience, etc, is there any further recourse for my girlfriend beyond the property damage claim being handled by her insurance? Essentially, she had to go through a lot of stuff too by virtue of her car being totaled, including taking time off work to search for a new car, flying to another state to get the replacement vehicle she found, and spending time with me in the hospital and at medical appointments. She also had a lot of emotional damage due to the stress of me being in an accident caused, the financial burden it was placing on her at the time, and the inconvenience of going without a car for a period of time

    Basically, what I'm asking is, can she make a claim to the at fault insurance company for pain, suffering and inconveniences or any of these other "non-economic" damages as well, even though she wasn't involved in the accident but was affected adversely by the accident?
     
  2. zddoodah

    zddoodah Well-Known Member

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    Injuries - yes. Pain/suffering - yes. Inconvenience - no.

    No. She's entitled to compensation for the totaled vehicle and compensation for reasonable alternate transportation, both of which you said she received. Nothing more

    No she didn't. Auto dealerships are open during the morning, afternoon, evening, and sometimes as late as midnight. They're also generally open on weekends and holidays.

    There are hundreds and probably thousands of auto dealers in Maryland and in bordering states that are within easy driving distance. If she chose to fly somewhere to buy a car, that was not a choice for which anyone is liable to compensate her.

    This might be compensable if you were married, but since you're not, it's not.

    She can make a claim, but it will be properly denied in whole.
     
    Sean Pauley likes this.
  3. army judge

    army judge Super Moderator

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    As you observe everyday all across this nation, beggars ply their trade.

    My point is anyone can ask for anything.

    When it comes to automobile claims, without an attorney, she's not going to get much more than you've recited.

    Thank goodness no one ended up in a coma, brain damaged, required surgery, or died; because without those unfortunate, tragic occurrences she's "maxed" out the insurer's generosity.
     
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