Hit by truck, they refuse to pay

[Searchertwin]

What is the name of your state? Missouri

About a year ago my son was involved in a semi truck that crossed over the medium and my son was unable to avoid him. I don't know if driver of semi was asleep or what...my son has suffered severe back pain, disc out of place and suffers daily. He is not able to continue going to doctors for help..it takes money he doesn't have....had to borrow from lawyer so as not to lose house and car. The truck company refuse to settle...saying he is at fault...all documents, highway patrol, etc: states it was truck driver fault...my son insurance company lost in court, the judge said not enough evidence. I asked son did he have any papers on any of this. Of course not. His lawyer told my son that it might be a losing battle, but they have already made two offers...one was for 100,000 and than 50,000...truck company turn it down...My son hood went under the truck..it did not suffer that much damage and everyone was surprised that it didn't...had to use the cutter to get my son out....they said that if the truck had more than it had on it, my son would not be alive today...my son did lose his car, house, and had cut back on work...any suggestion? I would say to get another lawyer but his owes that Lawyer $5,000 at 28%..or 22%..how does he get around that? Any suggestion would be appreciated....What is the name of your state? Missouri

 

[ecmst12]

If he already lost in court, I don't see what else you can do....

 

[Searchertwin]

Truck hits car

No, it wasn't my son who went to court...it was the insurance company who went to court and they lost...I guess they went to sue for repairing of vehicle..I can't see how they lost..it is a major insurance company...something somewhere...

 

[discogram723]

I believe what you mean is the insurance company conducted an arbitration hearing. The same thing happenned to me; not enough evidence. I felt if they would have taken pictures of the accident scene, it would have solidified everything but insurance companies will use all the info you give(statements,etc.) them plus pictures of the damage.

My insurance company said that this should have been a "no brainer". Remember that arbitrators are SUPPOSED to be impartial; not taking sides. Unfortunately this is not always the case. Usually both parties agree to be bound by the decision of the arbitration panel(usually 1-3 people).

In my instance, there was a "mysterious witness" that wasn't on the police report who stated I was on a cell phone(lies) and I ran into the vehicle(more lies). This was for the vehicle damage to the car I was driving. The medical arbitration went differently: the other insurance was required to pay for 50% of the medical costs, stating that there were "inconsistencies" in the witness' account of the accident(no kidding).

All this showed me is that if the insurance company paid out, let's say $100K in medical bills and it went to arbitration, they would have had an accident reconstructionist and a few medical experts testifying.If it is not feasible for them, they just won't do it.

It taught me a lot(can't give away too many secrets; the other side may be viewing this reply: . Take care and God Bless.

 

[Searchertwin]

truck hits car

We are far from being "the other side" here...my email is ...Searchertwin2@yahoo.com..I like to know , it might help this..Thanks..

 

[discogram723]

Before I get into specifics, a few things need to be clarified. If you owe your attorney (something that attorney's generally don't do) money through a contract signed, he will more than likely file a suit against the other insurance company and the driver will be included in the complaint.
It is unclear whether or not your son had insurance at the time or was he driving someone else's car. How extensive are his injuries? If your son hired a personal injury attorney, I am surprised that neither this person nor the medical facility he was treated at, reviewed the possibility of a "medical lien" being placed against your claim/lawsuit.

 

[discogram723]

When I said "the other side" I was referring to the other insurance company. Just as you are reading this post, the possibility exists that they may be also.