Expert: Richard Hixenbaugh - 4/7/2011

Question
My husband has cancer and was going through chemo. On his first day back at work he was hit by a semi on the exit ramp. He said he was next to the semi in the left hand lane on the exit. Saw the semi's blinker on wanting to change lanes, was too far ahead to slow down enough to let the truck over so he sped up to get in front of the truck and let him come over. As soon as he was almost in front of the semi the truck came on over, hit his passenger side rear quarter panel causing a flat tire and made a large scrape on the passenger door. My husband called the police and they would not tell who's fault they thought it was. The trucker said it was my husband's fault, my husband said it was the trucker's fault, the police gave my husband a form and said both he and the trucker had to fill it out to give to their insurance companies and a adjuster would come take a look and decide.
Here's where the horrible part comes in to play. My husband checked our insurance the next day, we had received a notice a few days before but it hadn't been opened, just thought it was the policy. Turns out the insurance had JUST lapsed the week prior! My husband called the trucker and told him he would not turn it in to his insurance company since the damage was not severe. The trucker said there was 0 damage to his truck and that he would not report it either.
Today I got a call while husband is at work from the trucker's insurance company! They gave me a claim # and said for my husband to call.  Now what?? I'm scared to death! We had no health insurance when he was diagnosed with cancer and are facing bankruptcy as it is unless we get state help with the medical bills and now this??  Husband pays on his car and immediately upon seeing that the insurance had lapsed (the day after the wreck) he called and paid the car insurance! I guess (even though it's not a excuse) our minds were pre-occupied with the chemo etc...and we just spaced out the insurance bill.  What should we do? Will they automatically call the wreck my husband's fault when they find out the insurance was expired or will they still try to find fault?  I'd appreciate any advice.  btw...we are in Ky. if that makes a difference.

TIA

Answer
Hi Martha,

I'm sorry you are going through all of this.

Your husband needs to call the truck insurance comapny to provide a statement. If all is as you stated, it sounds to me that the truck driver is at fault. Your husband should also have that opinion. If it turns out that your husband is considered at fault, there is not much you can do. Just tell them your situation and tell them to get in line.

I hope all goes well with the claim and your husbands treatment.

I hope this helps
Richard Hixenbaugh