my police car hit by dwi driver

[h-town]

What is the name of your state? texas

hi, i am police officer. i was hit in my patrol car by a dwi driver, who was charged with dwi. the driver is a self employeed business owner. driver's vehicle was registered with his business name on it as "dba". i was life flighted from the accident scene, but do not have life threatening injuries. i am still recovering from injuries; stitches in elbow, cuts, bruises, neck and back.

my questions are; 1) how can i find out what his policy limits are?
2) after i settle with the autoinsurance can i sue him civily over the dwi? if so, can i handle the insurance myself and then get attorney for civil suit?
3)in dealing with the insurance co., does it make a difference, as far as the settlement is concerned, that the driver was dwi?
4)will the fact that i was in a county owned vehicle and i was working at the time affect the settlement?
5)i wont even ask what is a fair settlement, because i have seen that question a hundred times with no answers. i am going to ask for at least 5x medical, i thinks thats fair.

 

[stephenk]

1. contact his insurance carrier and ask if they can reveal his insurance policy limits. If they dont, you have to sue to have the information revealed during discovery;

2. If you are making a claim for your personal injuries against his insurance company for his negligence and you reach a settlement, you can't later file another action against him for the same injuries under the dwi conviction. Once you reach a settlement for your claims you will have to sign a release against the other driver.

3. The DWI only plays a part in the carrier maybe being more willing to settle the case sooner than risk going to trial and possibly having the dwi mentioned in front of a jury. But dont get too excited. A judge could rule that the dwi has no bearing on the case and not allow it to be mentioned, especially if there is no dispute in regard to liability for causing the accident.

4. Have you made a workers compensation claim for your injuries from the accident? That does not prevent you from making a claim against the other driver but any money you received from workers compensation may have to be paid back if you reach a settlement.

5. 5x medicals is really high unless you have a permanent disability, broken bones or surgery. If just soft tissue complaints your expectations are too high.

 

[h-town]

thanks stephenk, for the answers. but, if you saw my mangled elbow that was sewn together by stitches, you would think it was just as bad as a broken bone. also, if i can only sue once, then what if my claim is more than his insurance limit? thanks again for your input.

 

[stephenk]

It depends. Say he only has a minimum policy. In California that is $15K. Typically, a person with a minimum policy doesnt have any assets. That's why they have minimum protection. You would need to determine if it is worth it to go to trial to get a big judgment that you would never be able to collect. The other guy could file bankruptcy and have the judgment erased.

So, you can run a credit/asset check on the other guy to find out if he owns property, bank accounts, etc. You mentioned he is a small business owner. I'm sure he has more than a minimum policy because he has assets to protect.

Was your elbow just cut up or were ligaments or muscle torn? If just cut up and no internal damage to the joint, it is still a soft tissue claim. You could get more if there is scarring.

 

[h-town]

stephenk, thats a good point to think about, as far as collecting. another question; how do i do a credit/asset check on this person. also, if the ins co will not tell me the policy limit then do i have to sue in court to get that info and if so then i have to get an attorney, right?

 

[driftbuster]

I agree about having better luck making it a comp issue. if you were disabled permanately it might be different issue. What kind of help has your union been? They might be able to provide some better answers.

 

[stephenk]

Since it looks like you may have two actions pending - a civil action against the driver and a worker's compensation claim - you should seriously consider retaining an attorney.

There are public agencies that can run credit/asset checks on people. Private investigators are a good source. But at this stage dont spend the money just yet. Ask the carrier for the policy limit information and see what happens.

Have you already completed all your therapy and treatment? What are your medical billing totals? How much have you lost in pay? These are all things you need to finalize before considering making any type of settlement demand.

 

[h-town]

i figured i had a auto ins claim and a civil claim, i didn't know i had a workers comp claim. i have not finished seeing the doctor, i dont know yet if i have unseen damage to my shoulder. i was trying to get a feeling of what i was up against before i get called by ins co trying to settle.
i'm confused about something stephenk said; if i possible cant have anything said about the dwi in court and i cant sue the driver after the ins co settles, then the driver gets away without being liable for the dwi?