C
colferret
Guest
Idaho
August 2000 my wife and I were hit by a young man pulling out onto a main street while riding our Goldwing. We were obeying all laws ie: helmets, headlight, speed limit , there were no mitigating circumstances ie: weather, vision or so on. The young man was issued a ticket for negeligence (sp) and failure to yield. He also wrote in his statement that he had been drinking, but was able to pass a field sobriety test, so no citation was issued for the alcohol. I had no injuries, my wife was transported to the local trauma center, since she was thrown from the motorcycle. However fortunately she was released 6 hours later.
The young man's insurance company was less that cooperative, but paid for the damages to the motorcycle immediately. Within 3 weeks.
However, the literally refused to pay for most of the medical bills. Stating your wife was not hurt "seriously enough" to warrant a CAT Scan of her head in the ER and so on.
We tried to work with them, but the more time went by, the less they would talk to us. Finally in March of 2001 we hired an attorney. He told us that this would be " a long battle", and to be prepared for such.
We have since paid all of the medical bills out of pocket. Occasionally our attorney calls and asks for some information but not much else.
About a month ago, he calls and says, "We are filing for a jury trial." The next thing I know we are inundated with legal forms from the insurance company, they want my wife ENTIRE medical history, her complete educational records ie: college, high school and junior high.
Then we recieve a form listing their defenses. Like the first states someone else was at fault, the second was that she was negellient(sp) and could be held responsible for his attorney fees and so on.
Two questions:
1. How can she be held responsible for anything, I was driving.
2. Is it usual for these things to drag on for years.
I mean we paid all the bills, so it's not like I need the money. My wife is retired so we are not asking for lost wages. All we want is the medical bills and now since they have pissed me off a small amount of compensation.
August 2000 my wife and I were hit by a young man pulling out onto a main street while riding our Goldwing. We were obeying all laws ie: helmets, headlight, speed limit , there were no mitigating circumstances ie: weather, vision or so on. The young man was issued a ticket for negeligence (sp) and failure to yield. He also wrote in his statement that he had been drinking, but was able to pass a field sobriety test, so no citation was issued for the alcohol. I had no injuries, my wife was transported to the local trauma center, since she was thrown from the motorcycle. However fortunately she was released 6 hours later.
The young man's insurance company was less that cooperative, but paid for the damages to the motorcycle immediately. Within 3 weeks.
However, the literally refused to pay for most of the medical bills. Stating your wife was not hurt "seriously enough" to warrant a CAT Scan of her head in the ER and so on.
We tried to work with them, but the more time went by, the less they would talk to us. Finally in March of 2001 we hired an attorney. He told us that this would be " a long battle", and to be prepared for such.
We have since paid all of the medical bills out of pocket. Occasionally our attorney calls and asks for some information but not much else.
About a month ago, he calls and says, "We are filing for a jury trial." The next thing I know we are inundated with legal forms from the insurance company, they want my wife ENTIRE medical history, her complete educational records ie: college, high school and junior high.
Then we recieve a form listing their defenses. Like the first states someone else was at fault, the second was that she was negellient(sp) and could be held responsible for his attorney fees and so on.
Two questions:
1. How can she be held responsible for anything, I was driving.
2. Is it usual for these things to drag on for years.
I mean we paid all the bills, so it's not like I need the money. My wife is retired so we are not asking for lost wages. All we want is the medical bills and now since they have pissed me off a small amount of compensation.