Legal Question in Personal Injury in West Virginia
Person at-fault is deceased, no auto insurance.
I was hit by a drunk-driver. I sustained significant injuries and was out of work for over 3 months. My auto insurance had lapsed at the time.The person at fault was killed.He did not have proof of insurance in his car, and the accident report states that he had no insurance. My health insurance pd for all of my medical bills, which totalled around $60,000. My health ins. rep. told me that they would only persue recovery from the other party's auto insurance, not from his estate. However, they wanted me to sign a form agreeing that if I were to receive any compensation for damages, I would be obligated to reimburse my health insurance. I have not signed this form, and the ins. co. has not requested for me to do so. My question is this: If I were to sue the guilty party's estate and I receive damages, could I be forced to forward the money from the settlement to my insurance co. to reimburse them? If so, would the cost of the legal expenses come out of my own pocket, or would I have a right to keep that amount for reimbursement? Also, can I obtain information from the state concerning the guilty party's auto insurance? (WV DMV requires proof of auto insurance at the time of registration.)
1 Answer from Attorneys
Re: Person at-fault is deceased, no auto insurance.
Do not sign any papers promising to reimburse your insurance company. Whether they have a right to be reimbursed will depend on the language of the insurance contract.
You really need to see a lawyer to determine whether any coverage is available to you. Even if he had no insurance, it is possible that you may have some coverage if you were a named insured under somebody else's policy. If you are living in a household with someone who has auto insurance, you may fall under their coverage. These issues are very technical, and you need someone who has experience.
You may be able to bring a "Dram Shop" action against the place he was drinking.
As for fees most personal injury lawyers will take this case under a contigency fee.
If you need help, my firm practices throughout the State.
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