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Will admitting fault keep me from filing suit for damages?
My insurance company has told me that they have assigned blame for a tire blow out accident to me because I "over corrected." No one was issued a ticket by the Florida Highway Patrol, either. So I don't understand how they could take that position. Here's my dilemma, I want to sue the car rental company and/or the tire manufacturer, and the hospital which misdiagnosed my injuries. If I accept their settlement so that my son can get his teeth fixed which were damaged in the accident, will I lose my right to file suit against the other parties that I feel are responsible for the accident and our injuries.
I do not currently have plans to sue the insurance company.
1 Answer
- Luna & LawnboyLv 71 decade agoFavorite Answer
The police do not determine liability. The insurance company does. I assume some how the tire blew and you lost control of the vehicle. The vehicle you were driving was a rental. Your son has a claim against you and perhaps the rental company/tire mfg. However, you have to prove the rental company was negligent. Should they have known the tire was going to blow out? How often do they inspect the vehicles? Do they keep records? You can try to file a claim against the tire mfg, but proving the tire was defective without an expert witness is nearly impossible. I assume you do not have the tire any longer either. No tire, no claim.
What do you mean you want to sue the hospital for misdiagnosing your injuries? You need to elaborate. Yes, you could potentially have a malpractice claim against the hospital.
What insurance company is offering to settle? How is yours involved if you were in a rental? If you accept the settlement on behalf of your son, you will be releasing the rental company from further liability. If you do not accept the settlement, you can file suit, but the insurance company will continue to defend their insured. It is doubtful your son will get additional monies. Also, most states require a judge to sign off claims involving a minor.
You cannot sue the insurance company, they have not acted in bad faith just because you disagree with their liability assessment.
Source(s): Claims - 22 years.
