QUESTION
My husband was in a car wreck that was not his fault and the other driver has no insurance. Should we get a lawyer?
Asked on Jan 21st, 2014 on Automobile Accidents - Indiana
More details to this question:
My husband now has a broken neck among other injuries including an aneurysm. He is in a halo. We have uninsured motorist from our insurer, but it is only for $100,000 and we've already received 71,000 in bills from the hospital. The least amount of time he will miss work is 4 months. The person who hit him was at fault per the police report and has no insurance. My husband was on his way to work. He had a drug test that was done on him in ICU and they found Methamphetamine in his blood, which was from 2 adderall that he took 1 week before. Will that result come back to haunt him if we were to get a lawyer and sue the person that caused the accident? Would they be privy to that imformation? He has really suffered a lot and is currently in a halo device and cannot do much. We were told his neck will never be the same and his work as a carpenter could be over. Is it worth it to sue someone who has no money for car insurance in the first place?
2 ANSWERS
Personal Injury Attorney serving Indianapolis, IN
at
Goodin | Abernathy LLP Attorneys at Law
Update Your Profile
Dear Anonymous,
I am sorry to hear about your tragedy.
If the other driver truly had no insurance, then you must aggressively pursue your own Uninsured Motorist Coverage on the vehicle your husband was driving. Unfortunately, $100,000 is not going to begin to adequately compensate your husband and your family for what you have had to endure. You mentioned your husband was on his way to work. It is possible that there is Worker's Compensation coverage that may apply. Did you and your husband have an umbrella insurance policy? These are just a few things that would need to be explored more fully in order to determine whether there may be additional insurance coverage available to compensate your family for what you have lost.
I would strongly encourage you to contact an experienced personal injury attorney to analyze the specific facts of your case and give you a free case assessment.
Thank you for participating in Ask a Lawyer.
Christopher E. "Chip" Clark
Answered on Jan 22nd, 2014 at 3:52 PM
Dear Anonymous,
I am terribly sorry to learn of your husband's motor vehicle accident and the toll it has taken on him and your family. If the at-fault driver was truly uninsured at the time of the incident, it is highly improbable that you would ever be able to get a judgment against him or her that would be meaningful-- that is, a judgment you could eventually collect on. Therefore, you will want to pursue this case aggressively under your Uninsured Motorist (UM) coverage on your policy.
As for the drug test, the answer to your question may be dependent on whether the substance had an effect on your husband's ability to drive that in some way contributed to the accident. It could very well turn out that this had nothing to do with the collision, and that it would not affect his right to recover for bodily injuries.
I believe it is in your family's best interests to contact an attorney or firm with signficant personal injury experience. A call can never hurt, and to that end, our office would be happy to review your case for free and help you determine how best to navigate your husband's injury claim.
Thank you for your question.
Lance R. Ladendorf
Ladendorf Law
7310 N. Shadeland Ave.
Indianapolis, IN 46250
(317) 842-5800
Answered on Jan 22nd, 2014 at 3:14 PM