A Tuesday afternoon drive by a Grandmother and Granddaughter turned to tragedy due to a Jacksonville Florida Auto Accident. The Jacksonville Times Union reported that Carol Duke, a 66 year old Westside woman, was in critical condition following a crash on Chaffee Road. The Grandaughter, Heather Molina, who was driving, became distracted and caused a collision with oncoming traffic. It appears that the Granddaughter was negligent and should have been paying more attention to traffic conditions.
Interesting legal issues regarding the above incident include the following:
Can a Grandmother file a claim under the Granddaughter’s insurance policy?
More broadly, Can a Family Member file a claim or sue another Family Member?
The answers to the above questions depend on the facts and insurance policies involved. Auto Insurance policies are purchased in order to pay for medical expenses, wage loss, pain, and suffering that result from an automobile accident. I believe that if there are insurance benefits available – pursue them even if the incident involves other family members. Generally, there is no immunity for a family member that is negligent and causes harm or injury to another family member resulting from a Jacksonville Florida Auto Accident. Since the injuries can be complicated and dependent on the facts, it is important to consult with a Jacksonville Florida Personal Injury Attorney to determine and discuss your rights or the rights of a family member.