Tammy, along with a bunch of her friends, decided to take a limousine into New York City for a day of shopping. For whatever reason, the limousine driver was busy texting one of his friends and didn\’t notice the traffic was stopped on Route 80 in front of him. Once he did realize it, it was too late. Despite the fact that he slammed on his brakes, he rear-ended a truck in front of him. Tammy and some of her friends were hurt.
Tammy sought legal advice to see if she could bring an action against the limousine company because she had broken her arm in the accident, as well as sustaining some other deep bruises. The insurance company for the limousine company took the position that since Tammy had only limited tort on her own insurance, she could not bring a lawsuit.
Issue: Is the limousine company correct?
Answer: No. Since Tammy was in a commercial vehicle at the time of the accident, regardless of what type of personal coverage she has on her own vehicle be it full tort or limited tort, she would be allowed to bring a lawsuit against any party that caused her injuries.
Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.