My question involves an injury that occurred in the state of: Colorado
My son was hit by driver making left turn. She contacted the drivers side door, spun his vehicle into a light pole and it rolled. Son did not realize he was injured at time and declined tranport. DPD ticketed the other driver. Son returned to work and was sent to hospital. He was driving his own vehicle, on the clock. He has no med coverage. Company owner lives out of state and advised him to have her ins. pay rather than file workers comp.
Permanent General (her ins) says she has a witness the he was at fault. She is claiming she had control of intersection because she was waiting in intersection to turn left when the light turned yellow and proceeded with turn then he ran the light. He says it was yellow and she gunned it and tried to beat him through.
He has a broken #7 vertabrae and other broken bones. ER gave him a couple days pain meds and told him to see a doc or return if he has stroke from swelling against main artery to brain. It took 5 weeks to get injury finance to find a doc to see him. Week 12, the neck is unstable still and may require fusing. Today he got a subpoena to appear on 3/25 for her court date. His lawyer's office has not given him any info to date and in fact told him today that he messed up by releasing the vehicle to be crushed, but the ins Co was threatening him that he would be liable for charges after 3 day. He called them about it and they told him to release it.
He has no income for 12 weeks, a 3 month old baby and no car so his wife can only work when she can get a ride. She was recovering from C section at time of accident. He can only watch the baby for short periods of time because of pain and lifting restrictions. Family has been helping with rent and bills but we are tapped out and if he has surgery it will be months more before he can work.
So it this hopeless? What are the chances that she beats the ticket and if so does that leave him without any medical options? Any advice is greatly appreciated.