Michael Beer Attorney
The case of John Doe v. Biff Tannen and George McFly
Back to the Future has always been my favorite movie. While I was watching recently, an interesting topic car insurance went up.
Modern-day (ie 1985) Biff Tannen, played ably by Thomas F. Wilson, a supervisor of George McFly work. George, as everyone knows, is the father of our hero, Marty McFly (Michael J. Fox). Unfortunately for Marty, at the beginning of the film and just before your big order week at the lake with Jennifer, Biff George wrecked cars.
As Marty entered his house, Biff and George are having a heated discussion about the accident. Biff insists that the car had a blind spot. George does not remember any blind spot, but it is assumed that Biff insurance pay for damages. Biff says "It your car? Your insurance should pay. "Then George says Biff must also pay his dry cleaning bill because spilled beer on himself when another car to encounter him.
So I said to myself: "That Biff. He is obviously drinking and driving he could have hurt someone. What if he had? "
In cases like this in Minnesota, George would probably be upset to discover that Biff is right. George is legally responsible for negligence of Biff. If Biff has injured that fateful night, George insurance not only pay compensation to the injured person insurance Biff pay, but George would also be likely if the defendant never claimed Biff.
Under Minnesota law, auto insurance covers both cars and people. Buy insurance available to protect you when you drive your own car, and when driving other cars with permission. In this way do not have to tell your agent this insurance each time you use someone else's car or let someone use your car. So when someone borrows a car, a situation like this with George and Biff arises because there are at least two policies covering the event.
So you first pay an injured person? Minnesota law says that the insurance in the car that is considered "closer to risk, so it will be the primary insurance, while any insurance carried by the driver will be available as excess coverage. Biff would be permissive "user" insured under the policy of George. If the injured person has a higher demand than policy George, Biff policy would be in place as the franchise. If the injured person had good driver underinsured insurance (UIM) in place in his car, which policy would come in last, after Biff policy, to provide another layer of insurance.
The levels of insurance coverage are in place not only to compensate those injured and to protect Biff, but also to protect George, the owner of the car, vicarious liability. vicar responsibility attributed to the negligence of a borrower to the owner by law. Under Minn. Stat. 170.54, when allowed to drive George Biff, Biff became Agent George making Biff George legally responsible for actions. So if uninsured Biff, George could be held liable for all damages. If Biff did much damage, George could be personally liable for injuries to an innocent person even though he was miles away from the accident.
The moral of the story of George is that he should know better than to let Biff drive your car, but Biff becomes his supervisor and George is not very good at fighting. In light of the propensities Biff to drink and drive, chase skaters in the middle of the street and trucks run on manure, Biff is likely that George got into a big mess.
When you or someone you know is injured in a car accident, it is important to separate the ownership and insurance before settling a claim. Be sure to talk with an experienced lawyer regarding insurance coverage for you.
About the Author
Pat Stoneking is a Minneapolis, Minnesota personal injury attorney with the firm of Stoneking, Stoneking & Thompson, PA.
100% of Pat’s law practice is focused on the representation of individuals injured in all sorts of accidents. Read more about Pat at www.StonekingLaw.com
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