Expert: Doctor Settlement - 12/2/2006

Question
Do You Think That It Is Possible That I Can Get A Lawyer And Win This Case Because There Are No Deer Crossing Sign Where I Had The Accident.I Live In South Carolina
-------------------------------------------
The text above is a follow-up to ...

-----Question-----
I was recently involved in a car accident and i had 3 passengers in the car with me i am now ready to settle but the adjuster said that i would not recieve any bodily injury or pain and suffering because the accident was caused by a deer is there anything i can do about that i have medical coverage up to two thousand dollars but my bills are over five thousand dollars please help me.
-----Answer-----
Dear Janice,

One can purchase insurance to receive a pain and suffering award from an auto accident that is caused by another driver.  If another driver had anything to do with your accident, then you will either claim under his policy, or if he has no policy, under your Uninsured Motorist Coverage (UIM).  

A UIM claim is for all medical expenses, all lost wages, and all pain and suffering, up to the limits of the policy.

However, if the accident were caused by a deer jumping out in front of you, there is no insurance that can be had to allow for a pain and suffering award.

In that case, all you will get is what your personal injury protection (PIP) or medical coverage (MEDPAY)provides.  Straight medical coverage is just that: they pay for your bills up to a limit.  You decided what that limit would be when you purchased the insurance.   

PIP is more flexible and has some additional benefits.  But again, you choose the limits you want to buy, and I guess you elected to go on the cheap.  PIP also has a provision for lost wages (85%) after two consecutive weeks off.

I would hope you have some medical coverage or health insurance through your work.  If not, you made a poor choice to save two or three dollars a month instead of opting for higher limits on your medical coverage in your auto policy.

How about preparing for the future by reading this information.  Here are two pages from my website that explain the smartest way to buy automobile insurance:
http://www.settlementcentral.com/page8006.htm
http://www.settlementcentral.com/page8008.htm

One last possibility is that the accident might be partially blamed on the county if there is some reason to believe this was a deer crossing and they had no warning signs.  But you would have to ask an attorney about that.  If such were to be the case, then you would get all of your medical expenses plus your pain and suffering award.  

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com

Answer
Hello again, Janice,

I have no idea what the chances of a lawsuit would be.  I know that I would not have taken such a lawsuit when I was practicing UNLESS THE INJURIES WERE VERY SIGNIFICANT.

That is because it would be hard to prove liability in the first place, and there might be a reduction in your award if you were at all negligent.

This is what is known as a roadway flaw IF IN FACT the area is a known area for deer crossings, AND IF THE OTHER DEER CROSSING AREAS ARE MARKED.

In other words, you would be contending that the government has a duty to warn drivers of a known hazard.  Someone can tell whether or not this is a popular area for deer to cross.  

I would get an appointment with a good personal injury attorney and ask her.

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com