Expert: Doctor Settlement - 8/25/2008

Question
Im a pregnant passenger in a head on totalled boating accident in Fairbanks Alaska my ex husband was driving, it was his dads boat and they wont give me the name of their boat insurance company or claim number even though his dad claimed and got another boat and then my exhusband bought his dads boat wont tell me where the boat is and left the country with his family and none of my medicals paid.

Answer
Hi "H"

Sorry to hear that they are giving you the runaround.  I need to first ask two things.  

#1. Was somebody negligent?  If so, who?  The fact that there was an accident does not mean that your ex was negligent.  Have you the name and contact information on the other boat?  

#2. Did you sustain any injuries of significance?  If you are going to attract an attorney, she will not be interested unless there is something to go after.

Here is what I would do.  First, most insurance policies do have coverage for passenger medical costs even if the operator was not negligent.  This is akin to the PIP or Med/Pay provisions in an auto policy.  The dad OWES you this information.  

Next, figure out who was negligent and why.  Get the owner's information on both boats from the state of Alaska department of licensing.  They licensed the boats.  

Send a certified letter to the parties that are negligent, and to the ex-father in law.  I suspect that he is not at all liable for his son's negligence, but if he has any insurance on the boat, then the insurance will cover the driver's negligence.

Tell them in this letter that it is the law that their insurance company will be relieved of responsibility to pay their losses if they should fail to promptly notify the company of any claims against you.  Hence, if you want any coverage for a forthcoming legal claim, you will be well-advised to notify your insurance company of my claim for bodily injuries.

By this letter I am making a claim against you and your insurance for bodily injuries sustained as a result of negligent operation of the boat.  I expect to hear back from a claims representative from your insurer or else I will be forced to commence a legal action against you.

Send something like that.  If they choose to ignore you, then I would get an attorney to draft up a lawsuit ASAP.  Now THAT action will get their attention.  The have to give the file to their insurer, or the attorney can get a default judgment against them.  

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.settlementcentral.com