Would you file an insurance claim or lawsuit against a friend or family member if you were seriously injured?
It is not uncommon for people to feel uncomfortable with the idea initially. However, someone must be responsible for paying medical bills and other expenses, and why should this burden fall on the person who has already suffered the physical pain of injury, rather than the person who was at fault?
Or, which is more unfair: a negligent person’s insurance premiums going up a small percentage a year, or an injured person being on the hook for over hundreds of thousands of dollars in medical bills and lost wages?
Keep in mind, nearly all claims Burger Law files involve insurance companies who pay the damages, rather than the individual. This is why insurance exists.
Genavieve’s client was a passenger in a Utility Terrain Vehicle, or UTV, driven by an acquaintance. The driver attempted to make a sharp turn at a high rate of speed on a decline, causing the UTV to flip.
Our client’s seatbelt was fastened, but when the vehicle rolled over, other passengers landed on top of him, crushing his arm.
Our client required an open reduction internal fixation surgery along with a second surgery to decompress his ulnar nerve from internal scarring.
Initially, our client was hesitant to pursue a claim against a friend. However, he had a very difficult recovery and his medical bills were piling up, so ultimately he called Burger Law.
Discovering all applicable insurance coverage in cases involving UTVs, ATVs, and other off-road vehicles can be a challenge, as they are usually excluded from typical car insurance policies. Sometimes, they are covered by homeowners’ policies. In this case, the UTV had its own separate State Farm policy with $50K policy limits.
For months, the adjuster insisted that was the only applicable coverage. Genavieve did not like that answer, and so she called around until she could get a different person at State Farm.
Ultimately, Genavieve obtained the UTV owner’s homeowners’ policy, and sure enough, it provided for much more in coverage limits.
Fortunately, Genavieve’s persistence paid off and she was able to obtain a $300K settlement for her client.