Expert: Doctor Settlement - 3/4/2007

Question
I am on here at nearly 4am looking for some answers. So your input would be greatly appreciated.  
Back in November of 2006 my brother was traveling south on his motorcycle when a camero turned into the turning lane and turned west and never slowed down.  The Camero struck my brother and then took off, as a result my brother lost his left leg from the knee down.  The DPS (We live in Texas), found the car, impounded it, know who was driving it, but he is a minor and they say the owner of the car is responsible. The owner is the childs grandmother. We are now told that her insurance has a clause that only the person insured to drive is covered.  (My brother was hit on Thursday and the car was reported stolen on Sunday,because supposably the owner was out of town). I am so lost here. Now my brother is without a leg and no one is responsible.  I understand that it is the legal systems fault for not doing their job, but what I am wondering is about the insurance.  Any information would be great./ I am trying to convince my brother to get a lawyer against the insurance company but everyone from the grandmothers company has convinced him that it would be of no use.  That they are not responsible.  I thought that in the state of texas that was the whole reason of liability insurance.  I may be asking on the wrong page, but any info would help

Answer
Dear Sonja,

Sorry to hear of your brother's serious injury.  It is frustrating that people drive without coverage, but that might be just what happened here.   We just DO NOT KNOW AT THIS POINT, AND A LAWSUIT MAY BE NEEDED TO USE DISCOVERY TO FIND THE ANSWER.

What the insurance company is telling you is that the grandmother likely does have a clause in her insurance that exempts the insurance company from having to cover any loss due to the use of the car if stolen or even if by an unauthorized driver.

If in fact they are right, then one could look to the prior use of the vehicle by that driver, or the negligence in allowing that driver to have access to the vehicle.

Unfortunately, that is not something you and your brother can figure out. It takes an attorney doing discovery (interrogatories or depositions and the like) to get to those kinds of facts that would hold the owner to be liable so you can sue her directly.  Hopefully she has assets that exceed the limits of bankruptcy exemptions in your state.

Next, why does your brother not have Uninsured Motorist Coverage (UIM) for his motorcycle?  Any rider needs to protect himself not just with a helmet, but also with coverage since injury is common.

As for an attorney, YES, I would get one.  The stakes are high enough with his injury that a good attorney might be able to figure out some way to make a claim so that your brother could get some recovery. And, President Bush notwithstanding, this is a prime example of the beauty of the contingency fee arrangement since you can get the work of a competent attorney with no fees paid up front.

Best wishes,

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