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Situation: Two people who know each other are driving in a…

Situation: Two people who know...
Situation: Two people who know each other are driving in a car, Driver (owner of the cars ) stops to pick up another person he knows. Passenger does not know the 3rd person . 3rd person get in the car, into the back seats , has a conversation with the driver then exits the car, once out of the car 3rd person starts shooting at the car wounding the passenger and damaging the car. Insurance company for the driver , fixes the car but says they are not responsible for the medical bills and other payment to the passenger. This does not seem right , What can be done
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Answered in 12 hours by:
3/18/2018
N Cal Attorney
N Cal Attorney, Attorney
Category: Consumer Protection Law
Satisfied Customers: 9,801
Experience: since 1983
Verified

I am sorry to hear this.

The gunshot victim can sue the shooter and file a police report.

The victim may be able to sue the driver also. Usually the Courts hold that the criminal act of a third paty is an unforeseeable factor for thich the driver and owner of the vehicle is not responsible. But in this situation, if you can prove that the driver knew that the shooter was likely to shoot at the car, the driver can be held liable. The driver exposed the victim to danger by giving a ride to the shooter. If the driver knew the shooter was dangerous, the driver can be held liable. If the driver is liable for negligence, the auto liability insurer may be liable because this incident arose out of the use of the car.

Please follow up on this with a local attorney.

I hope this information is helpful.

N Cal Attorney
N Cal Attorney, Attorney
Category: Consumer Protection Law
Satisfied Customers: 9,801
Experience: since 1983
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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