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My son was injured on his motorcycle last year. It was the fault of the other driver , who had no insurance and did not survive.
Anonymous3 views7 answers
He joined this group at 6:30pm and was hit at 8:30. He did not know they had been drinking since noon. He suffered a tempural skull fracture, an occipital skull fracture, concussion, fractured jaw. He has no sense of smell, and only 10% of his taste. The cartilage was knocked away from ribs t4-T10. He was out of work for 15 months and was in ICU four times. I fought with Progressive for six months for his uninsured motorist payout and his health insurance took five thousand of that. I spoke to an attorney who said they have no right to that money. He was 24 at the time. He went from 187 pounds in Feb to 132 in July when he was back in ICU. I can never make him whole again, but want to level the playing field. Is there any recourse at all. The other guy was 34 and did not live at home.
I’m sorry to hear of your son’s terrible injuries.
Whenever you are in an accident and receive medical care for your injuries from your group health insurance, they have a right of subrogation - they get to be paid back the amount that they actually spent if you recover money. Given the extent of the injuries which you describe, it is a miracle that the health insurance only took $5,000.00.
There is no viable action against the estate. As my colleague noted, this is likely to have been an individual with very limited resources. Suing the estate would require that you hire an attorney with the attendant eventual legal costs and Progressive Insurance would be standing there with its own subrogation interest for the full amount that it has paid out on your son’s claim. All of this is to say that the attorney and Progressive Insurance would need to be paid before your son got any money.
For all these reasons, there is almost certainly no viable claim against the decedent’s estate.
It sounds like you have already collected from Progressive on the uninsured motorist claim and there is nothing left to pursue. I would need more facts.
Did you have more than one auto policy with uninsured motorist coverage? If so, there may be something to pursue there.
As far as the other guy, there obviously is nothing there since he had no estate with any assets.
I would be happy to discuss this with you.
J. Younes
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
Sounds like you received the money. Best bet is to stay off motorcycles.
The answer does not create an attorney-client relationship and is for informational purposes only.
Lassen Law Firm
1515 Market St #1510
Philadelphia, PA 19102
215-510-6755
http://www.InjuryLawyerPhiladelphia.com
The only other consideration is whether there is a cause of action against the individual or business that served the alcohol to the person who hit your son. Dram shop cases are often difficult to prove, but under the right circumstances can be successful. Consider consulting with an experienced personal injury attorney in person in your jurisdiction. That attorney can address the potential for a dram shop action and make sure that you have exhausted all of your remedies.
You should hire counsel to pursue the estate of the at fault party and any insurance policies he may have been a part of applicable to this loss.
As for staying off motorcycles, motorcycles are inherently more dangerous than cars, but on behalf of the other lawyers on this site I apologize for that earlier comment which was a bit insensitive. You of all people don't need to be lectured about motorcycles. I'm sorry for the accident and all of the harm it caused.
