Help! Insurance is not enough to cover medical bill

[doudou4]

What is the name of your state? South Carolina

Actually, I posted this few weeks ago, now I got some updates, things are not so good,
and I want to get some advice from the forum and prepare for the worse.

A month ago, my girl friend drove my car under my consent. She mis-judged the speed of a scooter at the intersection and hit it. The driver was sent to hospital for surgery on his leg and stayed in hospital for two weeks.

My girl friend was given a ticket for failing to yield, the other party was drunk, and no helmet. The police officer told me that this is the 4th time he was caught for DUI.

The other party has no job, no car insurance. My girlfriend will be covered under my insurance, she has no car insurance. I have a comprehensive insurance, but the bodily injury coverage is only $25,000 per person and $40,000 per case. Now, I knew how stupid I was. Few days ago, the insurance company told me that they got the medical bills from the hospital, the amount is $94,000.

I never had an accident experience, so I don't have much clue of what I will be facing down the road. Both of us are college students and have little income.
My insurance company is now investigating the whole thing, they tried to persuade the other party to take the $25,000 and sign a paper to release all of us, but I really don't think
the other party gonna agree. I want to get some advice from the forum and prepare for the worse.

My major questions are:

Will both of us be sued by the scooter driver if my insurance is not enough to cover his bill?
Will we need to pay for the debt forever until paid off?
Any state funds/Medicare in South Carolina can cover the medical bills for this guy?

Any advices are highly appeciated .

Thansk a lot

[Wtltnin672]

I can't believe that anyone but the drunk driver would be at fault. I always thought the drunk driver trumps ALL fault in any accident situation????

D

[moburkes]

While the drunk driver was driving illegally, your GF is the at fault party. It doesn't appear that you were negligent by allowing her to drive, so there really isn't a reason for YOU to be sued, but that won't necessarily STOP you from being sued. Once you/GF/both/singly are sued, and lose, you can file BK.

[doudou4]

Originally Posted by moburkes

While the drunk driver was driving illegally, your GF is the at fault party. It doesn't appear that you were negligent by allowing her to drive, so there really isn't a reason for YOU to be sued, but that won't necessarily STOP you from being sued. Once you/GF/both/singly are sued, and lose, you can file BK.

Thanks a lot for your suggestions, one more question, from your point of view,
how possible we gonna be sued based on both side's situation, 100%, 75% or 50%

[moburkes]

100%, if he's smart. Otherwise, he'll have to figure out how to pay those medical bills.

[doudou4]

Originally Posted by moburkes

100%, if he's smart. Otherwise, he'll have to figure out how to pay those medical bills.

It looks like that I really need contact an attorney now,
What gonna happen if we lose, will this debt follow us forever until we pay off?

[moburkes]

Originally Posted by doudou4

It looks like that I really need contact an attorney now,
What gonna happen if we lose, will this debt follow us forever until we pay off?

Well, yes, unless you file BK.

[doudou4]

Originally Posted by moburkes

Well, yes, unless you file BK.

Will the other party take this into account, he sue me and he may get nothing because
we really have no assets, and gonna file BK if we lose?

[doudou4]

Originally Posted by doudou4

Will the other party take this into account, he sue me and he may get nothing because
we really have no assets, and gonna file BK if we lose?

I know it sounds a little....

[moburkes]

Originally Posted by doudou4

Will the other party take this into account, he sue me and he may get nothing because
we really have no assets, and gonna file BK if we lose?

I don't know what he's going to take into account. Why do you feel that she shouldn't be responsible for the medical bills? And, by the way, you won't be students forever. Eventually she will be earning a paycheck.

But, she may have a small chance at the total bill being that high: comparative negligence. Look it up in google.

Good luck.

[alnorth]

Originally Posted by doudou4

Will the other party take this into account, he sue me and he may get nothing because
we really have no assets, and gonna file BK if we lose?

He's getting the insurance policy either way unless he loses or wins less than the policy amount. He may not have much incentive to settle for less than 100%.