Legal Question in Insurance Law in Kentucky

subrogation

My husband was hit by an automobile while he was a pedestrian crossing a busy road. He had look both ways before he crossed, but he was outside of the crosswalk as he crossed a 5 lane road that runs along a campus university. The motor vehicle insurance company for the person that hit him said they were not liable for the accident due to the police report stating the witnesses said he was outside the crosswalk, but they did offer to pay medical bills and for 3 weeks of his missed time for work (which they did do). Now they are going after us under a subrogation claim. I am unclear if they are trying to get the money back to cover the cost of the damage done to the car that hit my husband, or if they are trying to recover the money they paid for medical bills. As an aside, by husband's collar bone was broken and is still not healed 6 months later and he is going to need surgery. Are we going to be legally obligated to pay this insurance company any money, whether it be for my husbands medical bills or to cover the damage done to the car that hit my husband?


Asked on 6/23/04, 5:26 pm

1 Answer from Attorneys
Brian Halloran Brooking and Halloran, PLLC

Re: subrogation

Simply being "outside the crosswalk" doesn't make your husband per se responsible for the accident. There are other factors at play. You should have an attorney look at the case and any paperwork you've signed to date, as well as any paperwork they are asking you to sign. DO NOT SIGN ANYTHING without consulting an attorney and having everything reviewed. Call if you wish to talk. 859-491-5800. Good Luck.

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Answered on 6/24/04, 2:52 pm


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