I think your real answer is all the above. Hire a personal injury Plaintiff lawyer whose got game; that means, tactics, strategy and timing. Have your attorney make a claim with his insurance carrier, make a claim with your insurance carrier and go to war. I believe one way or the other it is statistically very probable you will be able to collect. If you retain a very experienced lawyer, he can make your insurance company do a lot of the work. Move forward quickly. The passage of time never helps the Plaintiff.
I hope this is helpful.
John N. Kitta
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You should set up a consultation with an attorney so they may get all the details and review any documents that you have. There are going to be many nuances to this claim and it should be handled by an experienced professional. The consultation will be free and any respectable injury attorney will not require any money from you upfront. It will be a portion of any proceeds recovered. From what you have mentioned above, it sounds like you have a viable case and I suggest to try and hire an attorney sooner than later.
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Your next step ought to be consulting with a personal injury attorney. This insurance company appears to be playing games with you. Stop them in their tracks now with a good attorney fighting for you. You have significant, painful injuries. Find a lawyer here on Avvo.com. Good luck!
Without a personal injury lawyer, you will get either #1. no money or #2. a tiny nuisance settlement. Get a personal injury lawyer to fight for the compensation to which you are entitled.
You need to review the insurance policy. If you live with him, you may be excluded from coverage. You have asked if you can sue, and you can, but the policy language may defeat your claim so read it first. I have not heard the "driving while intoxicated was an intentional act" argument being used, but insurance companies seem to be getting more and more outrageous. I am sure your boyfriend will agree that it was an accident and not intentional but you should ask a local attorney.
Get his policy and have it reviewed by an atty. A resident relative is an insured under the policy, not sure a live in girlfriend would qualify. Also, not sure if they can equate dui with intentional act.
If either of their arguments are legally proper, and there isn't any insurance as a result, you may be able to get coverage under your own um. Get your policy, so ti can be reviewed too.
As others have rightfully stated, one key here is the exact insurance policy language. Contract language, especially insurance policies, can have ambiguous language that is difficult to interpret. Generally, ambiguous terms in a contract will be interpreted against the drafter of the contract, which would be the insurance company here. So while the adjuster you contacted may be contending some coverage exclusion is black and white, look at the policy language yourself, or better yet, have an attorney review it for you. Good luck to you and your boyfriend.
The information presented here is general in nature and does not constitute legal advice. Further, this posting does not create an attorney-client relationship. Any attorney-client relationship with the author will require a written agreement signed by both parties.
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