This form is a sample personal injury complaint filed by the guest passenger in a vehicle involved in accident.
Louisiana Complaint regarding Auto Accident (Guest Passenger vs Driver)
State:
Multi-State
Control #:
US-PI-0283
Format:
Word;
Rich Text
Instant download
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How to fill out Complaint Regarding Auto Accident (Guest Passenger Vs Driver)?
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FAQ
Vicarious liability can make the owner of a vehicle liable for any injuries or property damage that may be caused by any person to whom they loan their vehicle. In most cases, the vehicle owner's insurance coverage will apply.
As a passenger in a car accident, you have the same rights as the vehicle driver to seek compensation for your injuries. You may be able to file an insurance claim against your own insurance company. However, if the car driver is not at fault, you may make a claim against the other driver's insurance policy.
The general rule is this: if the at-fault driver was operating the vehicle with permission from the owner, the owner is liable for the accident. This is the ?permissive use? principle, stated in California Vehicle Code section 17150. This principle also makes sense in terms of insurance.
Vicarious liability exists due to the legal doctrine of respondeat superior, which essentially means let the master answer. Employers, parents or others with a superior legal relationship to someone who does harm are expected to answer for those who are under their control.
The statute of limitations for a car accident case in Louisiana is one year from the date on which your accident occurred. When you have suffered injuries in a car accident, you may have a legal right to claim compensation for those losses. However, you must file the claim before the statute of limitations expires.
An employer may become vicariously liable for damages if the employer failed to ensure that the work carried out by an employee was performed properly (without negligence). A car owner may become vicariously liable for damages caused by the negligent behaviour of anyone who drives the car with the owner's permission.
Some states classify as no-fault states, such as Florida. In these states, all drivers must carry a personal injury protection policy. In a no-fault insurance state, if you travel as a passenger of a vehicle involved in an accident, you may file a claim under the policy of the person who transported you.
Vicarious liability means holding the owner responsible for the negligence of the permissive user of the vehicle, rather than based on an act or omission of the owner. Under common law, an owner of a vehicle is not automatically vicariously liable for the negligent acts of a permissive user.
This recovery involves filing a personal injury lawsuit against the liable driver. You may choose this option if your PIP and UM coverage are insufficient to pay all your medical bills and other accident-related losses. You must demonstrate the uninsured motorist's liability for the accident to win the lawsuit.
Insurance applies to the vehicle. So, if someone else is driving your car, and they get into a collision, it will be your insurance that will apply. This is because, in Florida, car insurance follows the vehicle first and the driver second.