Is insurance company liable?

[tedc]

79-year-old Tennessee motorist passed out at the wheel and accelerated through a red light, totaling my 2002 minivan on Sept. 17, 2002. I was unbelted and bounced off passenger side windshield. No permanent injuries but very severe brusing on left arm and both legs, and severe whiplash effect to neck, which continues to trouble me. We both have same insurance co., which has already settled on the car much to my satisfaction. As to personal injuries, an agent for company called me to say they were mailing a medical release but upon my question, he told me the elderly driver who hit me had been discharged from the hospital. I asked if he had suffered a heart attack and the agent said he didn't think so since he was looking at the other driver's file and thought that he had suffered a diabetic attack because the other driver, according to the agent, "is a diabetic and has had around 10 accidents over the past several years and never seemed to remember what happened. In fact we were looking at cancelling his insurance in January." Is the company negligent in any way for keeping this man insured and on the road considering his accident history with them? I'm 56, and never had an accident in my life until this one. I was thinking about just settling the personal injury claim without a lawyer until the agent told me this. ??
Thanks for any info.
Ted

 

[JETX]

"Is the company negligent in any way for keeping this man insured and on the road considering his accident history with them?"
No, you have no claim against the insurance company (after all, you are better off with him being insured than not). Further, the insurance company has no responsibility for keeping him on the road, he would likely drive without insurance (breaking the law, just as drivers not using seatbelts).

Also, be prepared for you to be found partially liable for the extent of your injuries due to your decision to not use your seatbelt (and thereby decrease your likely injuries).

 

[tedc]

OK, I understand that the insurance company is not negligent in insuring this fellow - and thanks for the prompt response.

It would then seem that I have no legal recourse for injuries sustained by me from a motorist with a deplorable accident history. It just seems to me that this man should not have been allowed on the highway. Shouldn't the State of TN have removed this man's license to operate a motor vehicle given his accident and apparent medical history - see any recourse in that direction?

Thanks

Ted

 

[JETX]

Why are you looking elsewhere for 'recourse'. Your recourse is against the other driver.... even with the same insurance company.

And no, the state has no obligation either.

 

[tedc]

Then if I took suit against the other driver, would I not, in effect, be suing my own insurance co., since we both have the same insurer? I would assume (perhaps incorrectly) that if this goes to suit, the insurance co. would defend him.

Given this situation, would it be your advice to use an attorney?

PS: The elderly gentleman who caused the accident told the EMT (whom I know) who worked on him that he was aware he was ill and was trying to get home (some 20 miles distant).

Thanks (I'm learning a lot here and appreciate it)

Ted

 

[HomeGuru]

Then if I took suit against the other driver, would I not, in effect, be suing my own insurance co., since we both have the same insurer? I would assume (perhaps incorrectly) that if this goes to suit, the insurance co. would defend him.

**A: yes, but so what. In fact, in my opinion, it would be an easier case to settle.
**************
Given this situation, would it be your advice to use an attorney?

**A: yes, especially on PI claims.
***********
PS: The elderly gentleman who caused the accident told the EMT (whom I know) who worked on him that he was aware he was ill and was trying to get home (some 20 miles distant).

Thanks (I'm learning a lot here and appreciate it)

Ted

**A: subjective hearsay.

 

[tedc]

Thanks all for your help.

My plan is to write the insurance co., detail my medical bills and provide photos of my bruising, etc. which I took about a week after the accident; emphasize the negligence of their client who admitted he was ill and rather than pull over, continued on his way, passing out the wheel and accelerating through a red light - and his deplorable accident history of some 10 incidents in the past two years - and suggest they offer settlement sufficient to dissuade me from suing them, which I really don't want to do unless forced.

Last question and I'll leave you good folks to others who need help. My medical bills totalled about $4,000 (mostly x-rays and CT scans of neck & head) and I lost a week from work. My doctor says no peramanent injuries though neck and upper back pain from severe whiplash continues and will probably take another cpl. months to fully heal. Given this, and that I was unbelted, which caused me to bounce off the passenger side windshield, any clue as to what I might expect to receive in pesonal injury damages? I'm just wondering what might be ball park for this type of situation.

Thanks again all.......

Ted

 

[JoBarry]

Has the insurance company given any indication that they would not cover your medical bills? From what you state it sounds like the insurance company is working with you on this claim, since they have already settled your property claim and are now progressing w/liability. Why don't you wait and see what they offer and then decide whether you will accept or not. I understand you are frustrated with the other driver but you need to remember that your lack of wearing a seatbelt contributed to your pain and suffering too.

 

[tammy8]

In most states, insurance companies MUST provide atleast liability insurance and if TN is like this, then the insurance has an obligation to atleast provide this.

PS Wear your seatbelt! Big chance you would not have been injuried at all if you had it on.