Expert: Richard Hixenbaugh - 3/10/2009

Question
I'll try to keep a long story short! Dec 13th 2008, my husband and I headed out for dinner unaware that a high speed police chase was taking place behind us. We were hit, the impact sent us in the air and landed on the roof across the road. I'm just back to work after 3 months and have lost my position as manager. Can the difference in pay and hours...(I am now part time because that is the only position available) become part of the claim? I have taken a cut of $3.50 an hour and cut 20 hours a week. Can I assume that they will pay this difference for a years worth of salary since I believe it would take me at least that long to get back into the position I was in before the accident? Last question...Do I have to stay with this company to have this part of claim pay out?

Answer
Hi Mary,

When you say "will they pay", I'm not sure who they is. It is likely that the insurance company for the person who was being chased will deny all claims due to a policy exclusion that cancels coverage if the damage caused was as a result of a crime. Fleeing the police is a crime. If they have paid for your car then I have to assume that they did not use this exclusion. If this is the case then you should demand payment for everything that you have lost. ultimately, it will ne a negotiated settlement. So ask for everything but be willing to negotiate.

If at anytime you fee the insurance company is not treating you fairly you should seek the advice of an attorney.

I hope this helps
Richard Hixenbaugh