Pedestrian vs. motor vehicle accident. Missed work.

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Pedestrian vs. motor vehicle accident. Missed work.

Is driver’s insurance liable for COBRA coverage costs? Drivers’ insurance company is claiming 85% liability. My insurance (PIP coverage) is assisting with lost wages and more. I need to know if the driver’s insurance needs to cover the costs of COBRA since I have been out of work long enough to require it to remain covered for health insurance.

Asked on April 14, 2009 under Personal Injury, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I sure hope you have a lawyer.

The extent of liability is always a matter of controversy, and if they say they admit 85% you're probably blameless.

You are entitled to pro-rata damages for the injury to the extent that the other driver is more negligent than you were.

One element of damages is the inability to work and earn a living and the benefits that go with it. So they don't pay for COBRA per se, but the cost of COBRA would be part of the damages your lawyer will seek on your behalf. If you don't have a lawyer, go to www.AttorneyPages.com and get one.


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