Expert: Doctor Settlement - 1/25/2006

Question
I was a passenger in a vehicle accident in 2002.We were hit by a drunk driver that fled the scene of the accident.I have been slowly going through treatment for neck,back and knee injuries since then.It has been hard with no medical insurance.The drunk driver was charged with a felony.He was driving a company vehicle and there is proof he drove this vehicle home all the time,back and forth to work.His employer states he did not give the worker permission to use the vehicle but he told the police it should be in possession of the worker.I have a suit filed against the driver,the company and insurance companies.It seems the owner of the company is trying to lie to cover it up.I am in cronic pain all the time and feel this is going to be a big struggle to get compensation for my injuries and everything.I would greatly appreciate insight into this mess.Thank You.

Answer
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Dear Mark Beekman,

I can hear your frustration and doubt loud and clear.  Rest assured that your attorney will find the way to bring in the most insurance to cover your injuries.

I will suggest that you have your attorney outline the various insurance policies that are available to you.  It sounds like you would have at least two policies for the third party action: that of the driver, and that of his employer.  The employer's excuse will not work: his insurance will have to pay some part of your award.

By the way, what do you really care whether or not you can tag the employer's insurance if you have your driver's UIM coverage, supplemented by your own UIM coverage?  Also, ask your attorney why you cannot obtain medical coverage from the Personal Injury Protection (or medical pay) coverage in either or both your policy or that of your driver.

You and the driver should find that your UIM claims are a lot easier to prove than a third party action in a jury trial.  

Two benefits of getting hit by a drunk driver are:
1) the jury will not have sympathy for him; and
2) he cannot discharge your judgement in bankruptcy should you get an award in excess of the policy limits.

I see that you say : "I have a suit filed", and I assume that you have an attorney.  IF NOT, NOTIFY ME AND WE WILL REVISE THIS ANSWER.  If you have no attorney, you need to get one for a claim of this difficulty.

I trust that this was of help to you and would appreciate your taking a moment to share your feedback on the form provided.

Best Wishes,

Dr. Settlement, J.D.
www.SettlementCentral.Com