What to do if my stepson received 2 broken ankles from a car wreck that was caused by his father who was drinking and driving?

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What to do if my stepson received 2 broken ankles from a car wreck that was caused by his father who was drinking and driving?

His real father only had liability insurance and is a broke, dead beat dad. The insurance company says theres a 50k limit including the medical bills. They say whats left of the settlement is ours, however, we are responsible for all medical expenses by this wreck after the settlement. My stepson may have to have surgery if his growth plates arent growing correctly, and we have to go back for checkups every 6 months or so. We believe there should be compensation to us. I always thought that the insurance was suppost to compensate the injured party, and they are responsible for the medical bills seperately?

Asked on March 18, 2013 under Personal Injury, Oklahoma

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to visit with a personal injury attorney.  Many insurance companies do have caps like this company is describing.  The cap would cover medical bills and pain and suffering.  However, it wouldn't be the first insurance company to fudge on what they were willing to pay. A personal injury attorney can review the policy, your stepson's medical issues, and the proposed settlement to see it there are other ways to maximize this policy or other policies.   Many personal injury attorneys will offer free consultations-- so visit with a couple to get a more specific idea of your options. 

If there truly is a cap, your remaining option may be to simply file a suit against the dad and get a judgment.  I know that you describe him as "broke and dead beat," but in the event that he ever did come into money (like through and inheritance), you would have a judgment to enforce against him. 


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