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Can I sue this insurance company?

My boyfriend and I borrowed my grandpa's car (he gave us permission) so that we would have a way back and forth for about a week or so. Well, we had a major car accident when we dodged a deer, slid in the gravel, and hit a tree head on. I was wondering if either of us, or both of us could sue the insurance company for pain and suffering and medical bills. My grandpa had total FULL coverage on the car. Please help!

Public Comments

1. Doesn't sound likely; you swerved to avoid a deer and had an accident - what fault is it of the insurance company. The insurance company may cover your bills; contact them and ask
2. You can't sue an insurance company for pain & suffering for an accident that you caused. I know you probably had no choice regarding a deer coming out of no-where, but an insurance company still expects you to have some degree of control over your vehicle. I was once told that if it comes down to hitting the animal or "dodging" it, you hit the animal. Why you ask? it's the difference between a Comprehensive claim and a Collision claim. Hitting the animal would fall under a Comp claim, but because you avoided the deer and hit a tree, it's now a Collision claim. Unless you hit the deer and then the tree, you have no proof that there was a deer to begin with. Anyway, it's not the insurance companies fault that you had the collision and they are not going to pay you for pain & suffering. They will pay for the damages to your grandfathers vehicle and your hospital bills. Even though your grandfather has full coverage, you should at least pay his deductible.
3. first of all if your grand father had full coverage he also had what is called other driver's protection. this means that with his permission whom ever is driving his vehicle is well protected. so that means that if you or your boyfriend ended up in the hospital, depending on the deductible, the driver and passengers are covered to a percentage, unusually 80%. as for the pain and suffering, the first party (you) will have to prove in court that the second party (the dear you avoided) intentionally meant to do you harm by getting in your way.
4. yes you can collect for your medical bills. File a claim with the insurance company and supply all receipts and medical records. Pain & suffering is a different matter. You may or may not need to sue to collect. Speak to an accident attorney for advice on that matter.
5. First of all, you are a moron. And a liar. Only a pure idiot would choose to hit a tree as opposed to a deer. If you had been driving responsibly you likely would have seen the deer in advance. Since you and your boyfriend were not principle drivers of the vehicle and not listed on the policy, the insurance company is not obligated to pay anything. But I think you should try to sue just to show your community how stupid you and your boyfriend really are.
6. ask a lawyer, you do not want legal advice from someone that is not a lawyer and you do not want medical advice from someone that is not a doctor
7. Sure you can but why would you ? Your medical bills will be paid. Simply file a claim for "pain and suffering". I believe though that there has to be negligence on someone else's part shown to be able to collect. Your Grandfather, the deer and/or the tree cannot be found negligent, so guess who is negligent? Filing and collecting are 2 different things though. Be honest, don't try to file a "bogus" claim and you will be fine.
8. Sue the insurance company???? How on earth were/are they negligent? You have to prove somebody was negligent in order to recover for damages. The passenger can file a claim against the driver. The driver lost control of the vehicle. The driver was negligent. You don't sue the insurance company. Also, just because there may have been injuries does not mean anybody is entitled to monetary compensation. It depends on what state the loss occurred in. The threshold requirements vary from state to state. If your grandfather has medical payment coverage or Personal Injury Protection(PIP) your medical expenses can be covered. This coverage applies to all occupants regardless of fault.