Legal Question in Personal Injury in Colorado

My sons car accident

My son was a passenger in a car accident December 2006, in which he suffered two compression fractures in his lumbar spine and a broken nose. All four boys in the vehicle were drinking. He was 21 at the time of the accident. The drivers insurance company wants my son to sign a release form before they will pay the remaining medical bills. At this time he has not been able to complete his treatment due to inability to pay. My husband and I listed as guarantors have also been turned into collections for some of the medical bills. We have not wanted to pursue this matter, but feel we have no other choice. My son does not have medical insurance, and continues to have low back pain. What should we do?


Asked on 11/08/07, 11:55 am

1 Answer from Attorneys

L. Eric Lundgren Lundgren Law Offices, P.C.

Re: My sons car accident

These cases are complicated. I cannot give you a thorough answer in the space allowed for my response. I strongly advise you to obtain the assistance of counsel. Many of us will handle these cases on a contingency. Several questions would help me to give you a better answer. (1) Is your son being offered policy limits by the driver's insurance? (2) Who is your son's car insurer and has the claim been reported to them for med pay / UIM coverage? Please feel free to e-mail me directly with responses for more information. Generally, you need to get the driver's insurance to pay the policy limits in settlement unless the driver has significant assets. If he does, you may want to sue to try to collect from the driver in addition to the driver's insurance. If you do, you will not be settling. If the other driver does not have significant assets, and you want to settle, you need consent from your son's car insurer to settle for policy limits before you do. You then need to assert a claim for UIM benefits if available. This is, essentially, just a thumbnail view of the process. There is a lot to it. As they say, the devil is in the details. I strongly advise you to obtain counsel to assist you, whether it is me or someone else, because I think it unlikely that you will be able to take this limited guidance and successfully get the best possible result without the aid of counsel.

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Answered on 11/08/07, 3:15 pm


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