employee hit by at fault driver with no insurance

[Hope356]

What is the name of your state? MO
Employee was working & driving Boss's vehicle ( not under a business policy evidently) At fault driver was in employees lane & hit head on. Major injuries in the quarter million range medical bills. Our personal auto insurance is paying claims & Boss's insurance is paying only a very small portion only when we sign a release. They state we aren't to get personal injury because the driver at fault had no insurance. No work comp coverage available. No stacking of all of the other business vehicles because of not being a family household member. These are major injuries with long term rehab and possibly not full recovery. Most likely will never be able to go back to the job that was held. Still in daily PT at this time and accident was 4 months ago. Our insurance will max out shortly.
So, why does our insurance pay a majority of the bills instead of the company that the boss's vehicle when it wasn't even our vehicle involved? We were told that our insurance will not be renewed because of moving & that the premium will sky rocket because of the amount of the claim. Sure we could get an attorney which has been the last thing on our minds, to go after the at fault driver but if uninsured they probably don't have the money to pay all of the medical bills. Ours along with theirs....so seems like a lost cause.
Is this how all claims usually work?
Thank youWhat is the name of your state?

 

[Zigner]

Your post is a bit confusing. Were YOU working when you got in this accident?

 

[Hope356]

Our adult child.. with own policy & not living at home.

 

[ecmst12]

Your premiums should not be significantly affected by a NOT AT FAULT accident.

 

[xylene]

You Son Needs A Lawyer Yesterday

Our personal auto insurance is paying claims & Boss's insurance is paying only a very small portion only when we sign a release.

If they were not liable to pay they wouldn't be asking for a release.

Don't sign anyhting until you talk to a personal injury lawyer!!!

They state we aren't to get personal injury because the driver at fault had no insurance.

Are thick headed? Why would you trust your ADVERSARY to give you the correct answer.

No work comp coverage available.

Sue boss / business.

No stacking of all of the other business vehicles because of not being a family household member.

Sue boss / business.

These are major injuries with long term rehab and possibly not full recovery.

Permanent damages = major legal case = get lawyer.

Our insurance will max out shortly.

Well, waiting till last minute was not a good idea, but it may not be too late.

So, why does our insurance pay a majority of the bills instead of the company that the boss's vehicle when it wasn't even our vehicle involved?

You need a lawyer to straighten that out.

We were told that our insurance will not be renewed because of moving & that the premium will sky rocket because of the amount of the claim.

Switch policies. Also who 'told' you this. Go with any direct writer, you will not have a problem. All that is BS scaremongering to get you to ignore your rights.

Sure we could get an attorney

Well, frankly you should have gotten an attorney on day 1.

Is this how all claims usually work?

Yes actually, major claims are always going to be EXTREMELY adversarial. The company(ies) wants to pay as little as possible. I'm a shareholder of a major insurance company. Believe me, we shareholders are tight.

This is why you need a lawyer. Get a reputable attorney you can trust. One who can work fast. Time is short.

Good luck in your families recovery.

 

[Hope356]

I guess what confuses me the most is the insurance company that has the vehicle insured that was in the accident is saying because the employee was not at fault and the at fault driver had no insurance that they are not required to pay any liability only the 25,000 I think they are calling uninsured coverage?(which would be 30,000 if the employee lived in their household) Something does not seem right as they told us they would have paid a lot more if it was the employees fault. Imagine that...you benefit more if you cause the accident? This is supposed to be the insurance company that is on our side? Since it was the covered vehicle? Talk about confusing. They want to write one check in exchange for a release and not have to mess with all of the medical bills & medical release information and be done with it which doesn't seem like they really care about it being their policy that was written.
Is it possible that they could have written a wrong policy by not having it under a farm business policy which allows other drivers ( employees) & it is under a personal policy instead?

The employee is friends with the employers so does not want to put them in the middle of any legal action. If we get an attorney for the insurance questions we have & it turns out that nothing changes then we lose a good portion of what was offered which can help with all the bills then we lose even more.

 

[las365]

If your son has already decided to just take what is offered, sign a release and chalk it up to a big lifelong loss, why are you here asking questions? I'll tell you why, it's because you know that he is in over his head, he has suffered a traumatic experience and continues to be in crisis and does not have the knowledge or experience needed to deal with this.

YOUR SON NEEDS A PERSONAL INJURY ATTORNEY. No stranger on an internet forum can adequately answer questions related to insurance coverage, liability, and his options without a thorough review of the facts and documents.

A good personal injury attorney will not try to take fees out of money already offered. They get fees on money they recover for the client. A consultation will be free.

Your son's employer should have had sufficient insurance. If your son would rather suffer financially, potentially forever, rather than sue the employer, that's his choice. I think he should at least explore his options and get legal advice before making such a decision. Best of luck to him and to you. Get some help!

 

[ecmst12]

If he'd been at fault, they WOULD have paid a lot more - BUT NOT TO HIM. Liability goes to the people you damage - NEVER to you. Coverage available to you on your own policy is collision, uninsured motorist, or PIP/med pay.