Insurance Claim

[moedawg18]

My boyfriend was hit by his brothers car as a pedestrian.
He now has to have surgery on his foot as a result of getting knocked out and his foot run over. The injury to his foot will leave him with a flat foot and arthritis.

He and his brother have the same insurance company with a 20/40 policy only he (being self employed) will suffer alot with lost wages. Because he has more than one auto insurance policy, he can get some from his other insurance. is this smart?

also, where he doesn't want to sue his brother because they live in the same household, is there any other kinds of compensation he can go after without suing his brother outright?

because he is self-employed he will be out ofwork for more than 6-8 months. he pays into social security is there any way he can claim unemployment of temporary disability? or something to that nature to make sure tha he can pay his bills??

can someone help us figure out which way to go?

 

[cwg_]

also, where he doesn't want to sue his brother because they live in the same household QUOTE]

This happened so long ago that I almost didn't respond, but ins & injury matters can take forever.

I also had a question posted, which went unanswered. I posted it at YourLawyers.com, and someone took the time and effort to answer it. I'm sure the situation has progressed, so you might want to update the details and try there.

It's possible that anyone looking at this might have gone family dynamics , and ranaway. What a person would do had a stranger injured him as opposed to a relative is often two different things, and not necessarily for the better.

I have a cousin who worked at a pizzeria owned by her sister and brother in law. She broke her foot while at work. There was some negligance involved, as another cousin (who worked for a medical malpractice lawyer) said the amount of money offered to settle (under the circumstances), was a mere fraction of what she should receive. However, she felt pressured and guilty at creating another hardship for her sister and brother in law, and accepted the settlement.

Afterwards, there were complications with healing. She required more surgery and now walks with a limp, also has chronic pain, cannot stand or walk for long. The settlement is exhausted, and she hasn't worked since. However, she still needs medical care. The pizzeria went under (with brother in law and his mother helping themselves to the cash register, it was no surprise), and no longer exists. So entity-wise, there is no one to cover any expenses but herself. She drinks more than she should. Sometimes, people who rely on expensive pain medication drink so that the pain medication will last longer before a refill is needed. Sure, she kept family harmony, but at what cost? This is why we carry insurance.

If nothing has been finalized, please show this to your brother. It's bad enough for one person to end up like this; hopefully it won't be more. No one should be a human sacrifice on the altar of family harmony. If it was that fragile to begin with, that the transgressor's finances matter more than the health of the victim, then there are bigger problems. And they won't be solved by your brother potentially winding up in a situation even remotely resembling that of my cousin.

 

[moedawg18]

the whole thing somewhat blew up in his face..

so due to the accident he was out of work until february 2005. he still have problems with his foot and he ended up going with a lawyer out of the phonebook (disaster). My aunt was an insurance agent and she told him not to use a lawyer that in due time they will settle the case. He didn't listen. I think they just settled the case and the hospital is reversing their "free care" to him and asking for a few thousand dollars. Checks were cut and the thing was settled but the money he was given went to the people who loaned him money. He doesn't know what to do because the lawyer took his cut but on the settlement paper there was this clause in all capitals...something to about any bills that were given to the client were the clients responsibility. now isn't this sketchy because my boyfriend just got the bill a day or so after signing the settlement papers. no only that but i had called the hospital legal billing and they told me the lawyer said he would contact them regarding any settlement. he failed to do so and now they (the hospital) want to put a lean on my boyfriend. Can I do anything about this? Can the lawyer walk away? I've put in a contact to the bar association because my mom had a patient that was some big wig with them....and ive contact the BBB. I just don't think its right and I think the lawyer knew what he was doing....

I still think he shouldn't have gotten the lawyer but his mom thinking she knows everything told him to use a lawyer...


any advice???