drunk driver hits my daughter , lawyers not interested (?)

[z7palms]

TENNESSEE .

Last November my daughter was injured in her car by a hit and run drunk driver .
The drunk driver had insurance through the spouse and has two previous DUI's .
My daughters medical bills are mounting and the other drivers ins. company has offered a very , very small settlement NOW .
My daughter seems to have permanent back damage to several disc's in her back.
Two lawyers were very eager to represent her and in just a short time , declined or put her on the back burner .
This is a ligitimate claim against the drunk drivers insurance company and I dont understand whats going on . My daughter is in medical school and has a clean driving record and has never been in trouble and has injures that seem permanent.
I cant seem to figure out why these two different lawyers have lost interest in my daughters claim after doing somersaults in their offices and telling my daughter they would take care of everything , when My daughter first visited them .
ANY COMMENTS OR ADVISE APPRECIATED

 

[justalayman]

Have you actually asked the attorneys exactly what you have asked here?

 

[averad]

Have you actually asked the attorneys exactly what you have asked here?

We can read minds remember

 

[gawm]

Maybe the lawyers found out the policy limits were minimum and the driver has no money.

 

[moburkes]

TENNESSEE .

Last November my daughter was injured in her car by a hit and run drunk driver .
The drunk driver had insurance through the spouse and has two previous DUI's .
My daughters medical bills are mounting and the other drivers ins. company has offered a very , very small settlement NOW .
My daughter seems to have permanent back damage to several disc's in her back.
Two lawyers were very eager to represent her and in just a short time , declined or put her on the back burner .
This is a ligitimate claim against the drunk drivers insurance company and I dont understand whats going on . My daughter is in medical school and has a clean driving record and has never been in trouble and has injures that seem permanent.
I cant seem to figure out why these two different lawyers have lost interest in my daughters claim after doing somersaults in their offices and telling my daughter they would take care of everything , when My daughter first visited them .
ANY COMMENTS OR ADVISE APPRECIATED

In TN, the minimum liablity for 1 driver is $25000.
What do you mean when you say that he had insurance "through his wife"? He either has insurance or he doesn't. He's either a covered driver on a policy, or he isn't.
How much did they offer her? Do you think that the settlement that they offered was what was left after her medical bills were paid? Does your daughter's insurance policy include underinsured motorist coverage?

 

[Yamitron]

If they guy who hit your daughter was insured, then you have two options:

settle with the insurance company
sue the insurance company

Every insurance company is going to try to get you to settle right away, because they are liable to cover all medical bills within the policies limit and whatever the time limit for claims is. (see statute of limitations for your state) my personal advice to you, that I was told by my lawyer when a very similar thing happened to me; Do not settle for atleast 3 months after treatment has ended, and all symptoms have subsided. Longer if you are able to wait it out.

Every medical bill you rack up will be reimbursed to you as long as it stays within the limit. When you settle, you waive all liability on the insurance companies part. So DO NOT SETTLE, untill you are absolutely sure.

Have the lawyers talked to the insurance company?
Are the lawyers aware that your daughter is still recieving treatment?
Is there reason for you to sue?

The lawyers may feel like you won't be sueing the insurance company, so their services are not needed. Or they may have picked up other clients that will have a faster pay out.

If the guy was not insured, then you would have to sue him.. if he's broke (which he probably is) you won't be able to sue him for much.. so the lawyers will not be interested.

 

[justalayman]

If they guy who hit your daughter was insured, then you have two options:

settle with the insurance company
sue the insurance company

.

Why would you sue the insurance company. Was somebody from the insurance company driving the car, or own it?

You sue the driver and/or the owner of the vehicle (depending on circumstances).

 

[weenor]

Policy limits are probably low. Where is your uninsured/underinsured coverage? That should pick up the rest.

 

[Yamitron]

Why would you sue the insurance company. Was somebody from the insurance company driving the car, or own it?

You sue the driver and/or the owner of the vehicle (depending on circumstances).

You can take the insurance company to court if they aren't sticking to their policy. If someone feels that the insurance company they are dealing with is not giving them what they rightfully deserve, they can challenge them. I almost had to do it. That reply was based off of my personal experience.

 

[justalayman]

You can take the insurance company to court if they aren't sticking to their policy. If someone feels that the insurance company they are dealing with is not giving them what they rightfully deserve, they can challenge them. I almost had to do it. That reply was based off of my personal experience.

The other persons insurance company has no responsibility or liability to the injured. Their responsibility is to pay on behalf of their client. The insurance company has no liability in the accident to the injured party on their own behalf, therfore it would do no good to sue them. They are not the party that caused the damage. And actually, if the insurance company does not pay, it is still the responsibility of the injuring party to pay.

If anybody were to or need to sue the insurance company, it would be their own client for breach of contract if they failed to pay a claim as agreed to in the policy.

 

[Yamitron]

The other persons insurance company has no responsibility or liability to the injured. Their responsibility is to pay on behalf of their client. The insurance company has no liability in the accident to the injured party on their own behalf, therfore it would do no good to sue them. They are not the party that caused the damage. And actually, if the insurance company does not pay, it is still the responsibility of the injuring party to pay.

If anybody were to or need to sue the insurance company, it would be their own client for breach of contract if they failed to pay a claim as agreed to in the policy.

The insurance company does have liability to pay on the injured person's behalf, if it's stated in the insured's policy, and the insured is at fault. That's the whole point of insurance. If they don't pay up, and it's in the policy, the injured person can sue them. Most insurance companies pay up, but some put up a fight and try to find ways around things (it depends on the agent).

If someone smacks you in an accident, is totally %100 percent at fault, and they have liability coverage including medical, then that insurance company is liable for any medical bills for you.

If you don't believe me, call up progressive and see how much they had to shell out for mine.

 

[moburkes]

The insurance company does have liability to pay on the injured person's behalf, if it's stated in the insured's policy, and the insured is at fault. That's the whole point of insurance. If they don't pay up, and it's in the policy, the injured person can sue them. Most insurance companies pay up, but some put up a fight and try to find ways around things (it depends on the agent).

If someone smacks you in an accident, is totally %100 percent at fault, and they have liability coverage including medical, then that insurance company is liable for any medical bills for you.

If you don't believe me, call up progressive and see how much they had to shell out for mine.

Are you an insurance agent? I'm going to guess that you aren't. There are 2 parts to liability, bodily injury and property damage. The bodily injury part is the medical part. Your post appears to read that there may be medical coverage. Also, the company is not liable for any midecal bills to you. They are only liable up to the limits of the policy for 1 person's medical bills. In TN, that minimum limit is $25,000. The OP hasn't responded as to how much coverage the other party purchased.

We do not care how much insurance Progressive shelled out to you. This isn't your thread. Nor will Progressive give us the information, simply because we request it.

 

[weenor]

The insurance company does have liability to pay on the injured person's behalf, if it's stated in the insured's policy, and the insured is at fault. That's the whole point of insurance. If they don't pay up, and it's in the policy, the injured person can sue them. Most insurance companies pay up, but some put up a fight and try to find ways around things (it depends on the agent).

If someone smacks you in an accident, is totally %100 percent at fault, and they have liability coverage including medical, then that insurance company is liable for any medical bills for you.

If you don't believe me, call up progressive and see how much they had to shell out for mine.

Unless you are in a direct action state you cannot sue the other person's insurance period. If the other party's insurance doesn't pay, it's up to them to force the issue.

 

[Yamitron]

Yeah, so, I just googled direct action and found a whole bunch of stuff about protests and some movies. Could you explain it in a little more depth? Maybe put up a link to a list of direct action states?

The only thing I did find was some lawfirm page that explained that my state (WI) is a direct action state. I don't know about TN.

This system would make a lot more sense considering you don't bother sueing someone with no money, just so they can turn around and sue their insurance company. Seems a little round about.

But either way, if the insurance company doesn't hold up their end of the bargain, they can get sued by someone. For breech of contract if anything.

Even if you aren't in a direct action state, that does not make the insurance company any less liable to cover your damages. And they will pay up some way or another.

 

[Yamitron]

Are you an insurance agent? I'm going to guess that you aren't. There are 2 parts to liability, bodily injury and property damage. The bodily injury part is the medical part. Your post appears to read that there may be medical coverage. Also, the company is not liable for any midecal bills to you. They are only liable up to the limits of the policy for 1 person's medical bills. In TN, that minimum limit is $25,000. The OP hasn't responded as to how much coverage the other party purchased.

We do not care how much insurance Progressive shelled out to you. This isn't your thread. Nor will Progressive give us the information, simply because we request it.

So what your saying is that if this guy is covered for medical and has a hypothetically has the minimum.. and he ends up in the hospital, and drains the total amount, then the insurance company isn't responsible to cover damage to the injured. And every insurance policy only has to cover one person no matter what? I don't know what car insurance company you work for, but my policy states, for bodily injury, $100,000 each person, $300,000 each accident. And on my policy, medical payments are a different category, and shelled out to every individual involved in the accident no matter the fault. It may be different in TN.. but I have never heard of what you are talking about.

And I never implied that the insurance company is always liable, I said they are if the policy covers it. If that particular policy does not cover the 3rd party, then fine, they aren't liable, and this guy would have no reason to sue.

I am not a lawyer, I am not an insurance agent, I am just someone who had an similar experience as the poster. I may have been incorrect by implying that he had the right to sue the insurance company. I didn't realize that it was particular to each state. In my state, however, if the insurance company gives you a bunch of crap and they aren't sticking to thier policy, then you can sue the pants off them.