Injured By Drunk Driver

On Sept. 10, 2008 I was on my way to work when I was hit head-on by a drunk driver. My injuries included a fractured vertebra in my back, a broken lt hip and a shattered left femur. All these required surgical repair and 17 days in the hospital followed by four months of physical therapy after being released from the hospital.  I lost my job, my health insurance, most of my 401k. I've been in the health care profession for almost 40 years and had been at that particular job for eight and a half years.  My husband and I are having to file for bankruptcy because of this.  We can't get any settlement for the accident because in the state of Ga. insurance companies have what's known as a "right of reimbursement." What this translates to is that should a person receive a settlement following an accident, that money goes back to the insurance carrier who paid the medical bills.  While I don't advocate getting rich from a situation like mine, I think it's very wrong to end up in my position because of a situation that was not my fault. We are so financially devasted that somedays we dont know how we will eat.  I want to get my story out because this can happen to anyone just as it happened to me and there are no provisions for victims like me.  Few people are aware of the "right of reimbursement" the the insurance companies have and it doesn't matter that you may have paid fat insurance premiums for years on end.  At the end of the road they get back anything they spend on your medical care for an accident from any settlement you might otherwise be entitled to and you can be left with nothing just as we are.  I'm not feeling sorry for myself; I just want to make people aware.

lshowell lshowell
56-60, F
2 Responses Mar 15, 2009

I had an excellent attorney; he recently withdrew from my case because there was nothing he could do. The insurance companies have liens against any and all monies I might be entitled to. THEY get reimbursed be-<br />
fore we get anything and since the at-fault driver only had $25,000 in insurance coverage and my medical ex-<br />
penses far exceed that amount we don't get anything.

Hi Ishowell - I have worked in the insurance / nursing field for most of my career and what you speak of with the insurance rights is called SUBROGATION rights. and they are just entitled to recoup their out of cost expenses for your injuries (medical.litigation costs etc..).<BR>Hopefully you have a good attorney so that the responsible payor will not only take care of your insurance, but will pay additional for your your pain and suffering.... there is a deep enough pocket to take care of both. I wish you the best.. hang tough.<br />
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~ I'm really sorry for what you are going through ~