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  1. #1
    Join Date
    Feb 2010

    Default Brain Damage

    My question involves an injury that occurred in the state of: Idaho

    My ex wife and I have a four year old son. A woman ran a stopsign and tboned my son and I. He was properly strapped into his car seat. She admitted she was at fault. My son has has been in intensive care at the big city hospital for 11 days now. My ex wife and I have both taken off work since the accident to be with him. Our son hasn't woken up since then. the doctors didn't expect him to make it, but he's still hanging in there. Oh, I was delivering the car that was hit to a new owner. The new owner had the title, etc., already, and they have a policy that said it would help pay. The woman had ins too. I don't know how much either policy is for. My ex has health insurance on our boy. So far it's cost about 90k just in meds. He's probably going to have brain damage, but they don't know to what extent. I had a bruised kidney, and a lot of pain, but hopefully nothing permanent. Here are my questions:

    1. I hired a lawyer, and he contacted both insurance carriers, the police dept., and the officer. He told us he needs to get a copy of the policies to see what the limits are. Am I stuck with the limits? I don't think it'll be enough to cover his meds right now, much less in the future if he's disabled.

    2. Is the lady's insurance going to pay for all this? what about my own insurance policy, or the one that was on the car when it was wrecked? Can we ask them to help pay? And where does their obligation to help end, and my wife's health insurance policy kick in?

    3. My ex and I live over 200 miles away from the hospital. Will the insurance company pay our bills, lost wages, etc. while we are down here?

    4. If the lady's liability is obvious, and the insurance company or companies decide to just offer us the policy limits, what is my lawyer really doing for us? That doesn't seem like it's worth 30%.

    5. What information should I be gathering right now? And is my just calling the three insurance companies enough to put them on notice of an accident?

    Thanks very much for any help.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Brain Damage

    1. Most litigation settles within policy limits. It's difficult to recover money beyond policy limits as claims are ordinarily subject to bankruptcy, but it is sometimes possible.

    2. Each policy will have language describing what it does and does not cover. The at-fault driver's policy will describe the maximums that it will pay out for a tort claim resulting from an accident. The other auto policies will describe the benefits they pay out for an accident, as well as whether they provide a benefit when the at-fault driver is underinsured. The health insurance policy should describe how it coordinates benefits with auto policy coverage.

    I understand that Utah is a "no fault" state, so medical bills would normally be paid by the insurers for car in which you're driving or riding.

    3. I can't promise you what expenses they'll cover, and you should not expect to recover lost wages.

    4. Few cases settle with a phone call. If you want to try to negotiate a lower fee for a quick settlement, you can try.

    5. I'm not sure that there is information, beyond copies of the insurance policies, that you need to be gathering. Your lawyer should tell you if he wants anything more.

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