Saturday, January 26, 2013

Legal / Insurance Stuff

I'm perched up on the edge of James' bed, the rail keeping me in my designated 8 inches. It's a good thing he has an unbroken side! His torso is keeping me warm and his arm is around me... I'm happy.

 So, some of you have been asking, so I thought I'd dedicate a few words to the topic. What I know about the driver that hit James:

  1. He was in a 2005 Dodge dually 
  2. His adult passenger was pregnant and admitted for observation 12/31
  3. He and a toddler were not admitted to the hospital.
  4. There was no accident report made. Evidently in Round Rock it's an option unless there's a fatality.
  5. He rents a house
  6. He was born in 1981
  7. He had minimum Texas liability (30/60/25)
We were also insured. We also had (30/60/25) minimum liability. We did have the PIP and also under/un-insured coverage. We've been told with the unfortunate combo of maximum hospital bills / minimum insurance, that there is no "retribution" for James. You can't sue an individual with no assets and his insurance was exhausted by just the first few days at Seton. 

So what is left is the kindness of strangers and the generosity of the body of Christ. We want to thank you for bring the kids dinner, for all the gas cards and gift cards. Organizing play dates for the kids, visiting James, and offering services like fixing the laptop, loaning an iPad, cleaning the fish tank, etc.

Money is tight on a normal month- I know, for all of us- but it is truly the gift cards that have allowed us to buy gas that allows us to be here with James each day. It looks like he's going to remain here doing OT on the eighth floor of Brackenridge until the VA brings him to Temple for rehab. (They also have a rehab in San Antonio, but I can't handle thinking about that, so I won't unless they send him there.) 

It looks like we can start shopping for an Excursion under $9,000.  I was all prepared to take his insurance to small claims court but they offered a generous replacement amount. Now they are fighting me on the cost of carseats and the cost of James' glasses etc from stuff ruined in the wreck.

We still have the saving account at Chase, and a fundraiser through Arbonne until the 31st. But most of all what we need is continued prayers for the next phase of James' recovery-rehab of his body.


  1. It's none of my business, but, the severity of the accident, I think your insurance or even an attorney can sue the insurance to pay out alot more. But, I don't know. My in laws were in an accident, caused by another driver, however, they have now sued my in laws! Do everything you can to get most of bills covered. The carseats legally have to be replaced, and, the driver's insurance should be the ones paying for it! Good luck!

  2. Ditto on the comment made by "Anonymous". It is not a person you sue, it's the insurance company that insured the driver of the vehicle. Keep pressing this for everything, there will be an attorney fee, but that will come out of the insurance settlement. Things may have changed, I don't know for sure either, but back when Doug had a wreck, no tickets were given and nothing went on police record that was for or against either driver. It is a settlement between the insurance companies. It took roughly one year to get it settled, but it paid off - all hospital bills and we still had a nice sum of money to put in the bank and make a down payment on a house. There are tons of attorneys who would jump on this.