Law Suit

[Marlene Curtis]

What is the name of your state?
Florida

My son hit a drunk man who was crossing the road and the man died instantly. The deceased was 0.27% over the limit and my sun was not charged or even ticketed.
Our insurance company declined to pay any damages to the family of the deceased because, under the new FLroida tort law passed in 1999 they are not entitled to any compensation.
My son has been now served with a law suit for compensation and the insur co is taking care of it.
My question is: if the insur company declines to settle once again can the family of the deceased sue my son (he was 21 at the time of the accident) directly? What usually happens next in this case? Is the insurance company go to court to win this case?

 

[Juan Rodriguez]

First of all, they are suing your son directly right now, the insurance company is complying with their obligation to defend him.

The claim has already been denied so it can't be denied again, which is why your son was sued in the first place. If they can't reach some agreement it will go to court and if the law is clear your son should prevail.

But, he needs to remember that even with the law on your side going to court is always a roll of the dice.

 

[Boxcarbill]

But, he needs to remember that even with the law on your side going to court is always a roll of the dice.

While a jury trial may be a roll of the dice, on appeal, the law (not the dice) is controlling.

 

[Marlene Curtis]

My husband was also named as a co-defendent with my son. He is the owner of the car and on the Insurance policy along with me is the principal policy holder. As my son was over 21 at the time of the accident why was my husband named as a co-defendent? Will they try to sue my husband for damages as well, if so why? If this goes to court and an award is made against us who pays, the insurance company or our family?

 

[Boxcarbill]

My husband was also named as a co-defendent with my son. He is the owner of the car and on the Insurance policy along with me is the principal policy holder. As my son was over 21 at the time of the accident why was my husband named as a co-defendent? Will they try to sue my husband for damages as well, if so why? If this goes to court and an award is made against us who pays, the insurance company or our family?

Your husband was joined in the suit because he is the registered owner of the car that your son was driving and because he is the policy holder. If they were to win, the insurance company would be liable up to the policy limit, then the defendants would be liable for the amount over the policy limit.

 

[Marlene Curtis]

Would the insurance company defend us in the appeal phase in case there is one?

 

[Juan Rodriguez]

Yes.

 

[zappy]

I would claim they are committing Insurance fraud.......they have No right to even a Dime, the guy was drunk as a skunk, and put himself into a position where he had no way to stop himself from getting killed.

Second DO NOT SETTLE for $$$$, for any reason whatsover..... There is a little know clause in your insurance contract which states ANY money paid out will be charged to you account.

So you could lose your safe drivers rate or have added insurance surcharge points and a much higher insurance rates.

Third......If they want you to settle for money, make sure you get some sort of release from YOUR insurance company saying they will NOT increase your rates or cancell you until YOU decide to change compaies...

Cover your AZZZZ......


>>>>>>>>>> If your insurance company wont sign a release with you, your best bet is to contact your state insurance commissioner, and the head of motor vehicle and claim your insurance company wants to commit insurance fraud and you dont want to be a party to it, and would like to file a complaint.......then see how fast your insurance company starts to agree with you.

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My question is: if the insur company declines to settle once again can the family of the deceased sue my son (he was 21 at the time of the accident) directly? What usually happens next in this case? Is the insurance company go to court to win this case?

 

[Marlene Curtis]

Thank you, I did not know about this hidden clause. But can I stop the insurance company from settling, are they going to consult with us before they decide to settle?

 

[zappy]

They will do it behind your back....watch their azzzzes, and just be ready to go to the head of the criminal investigation div. to report your agent for insurance fraud.

Its the only way to protect yourself, unless the insurance company agrees to sign a release to you......fat chance!


>>>>>>your position is: this is whats wrong in America, people won't take responsibilty for their own actions, he was drunk as a skunk, he died...SO WHAT!!!!!

 

[madforce]

Just because he was drunk it makes it ok that he was killed? That last comment was really dumb.

Exactly how did this happen? Did the deceased do something that a normal sober person wouldn't do (like walk in front of a car)? Was there any way your son could have avoided hitting him? All this will be brought up in the trial, and ANY infaction or wrong doing your son has ever done will be used against him. The dead man's family is looking for quick cash. Don't settle! It's a-holes like this that drive up insurance rates across the country. Hell, thanks to everyone in Texas claiming hail damage last year (to get a free roof on their 10-year old house), my home owner's insurance doubled!

It's bad enough your family has to live with the fact that a man died...now they want to go after you for every dime. Phuck them! Tell them to pound sand up their asres!

 

[Marlene Curtis]

My son is a commercial pilot, he was just on his way back to the airport at 8:00 pm where he was looking after some planes at the airport after Sept 11th. He drove out of Subway after having something to eat at 40 mph and the guy, who had been drinking heavily at the pub next door to Subway, literally walked into the side of his car smashing his windshield. My son was lucky not to get hurt but he was so traumatized he was sedated for two weeks and could not work either.(he is paid by the hour as a flight instructor. The area is dimly lit because it is an airport. He was just 21 and has never had a ticket in his life.

 

[Juan Rodriguez]

Marlene: Zippy and Madforce know as much about insurance litigation and claims handling as...well...as you do.

Take it from someone who investigates insurance fraud for a living, your carrier is not committing any kind of fraud. Oh yeah, and the hidden clause is a figment of zippy's imagination.

Your carrier is doing what you paid them to do.

 

[madforce]

Yeah, OK Juan...whatever you say. Since my career is not in the insurance field, I guess I don't know anything.

And since you're not an auto mechanic, I guess you don't know how to change oil. And since you're not a computer analyst, I guess you don't the difference between a mouse and keyboard.

Thanks for enlightening us all.

 

[Marlene Curtis]

THis is a follow up on my other questions about the law suit brought against my son by the deceased's ex-wife and children.
If the worst comes to the worst and they decide to rip off my husband because he was named as a defendant too, can I counter-sue the dead man's family for my son's lost wages, pain and suffering, etc.etc