Claim Example

A family called me about their son, “Jason” – a young man (16 years old) who was badly injured during a single-vehicle roll-over. The driver, Harvey, lost control of his vehicle and rolled off Chena Hot Springs Rd. Jason was not wearing his seatbelt. Harvey’s auto insurance company told Jason’s family: “Jason’s injuries are Jason’s own fault. Jason should have worn a seatbelt. Go away.”

Jason’s medical and surgical bills totaled more than $129,000. Jason will live with 60+ years of pain and limited mobility because of this wreck. The insurance company declined to provide any help for Jason and his family.

Proving Liability

Proving the liability claim denied by the insurance company: We gathered the police report, visited the scene, spoke with Harvey, measured and photographed the pickup truck, located the pickup’s “black box” and performed appropriate legal research. Initially, we confirmed: (1) that Harvey was negligent because the Rules of The Road require drivers to stay within their lane unless it is safe to leave it (13 AAC 02.085); and (2) that Harvey’s insurance company was only partially correct: Any part of Jason’s injuries caused by Jason’s failure to wear a seatbelt were Jason’s responsibility, not Harvey’s. Hutchins v. Schwartz, 724 P.2d 1194, 1199 (Alaska 1986).

Next, we focused on Jason’s injuries and whether they were caused not wearing a seatbelt.

We hired an Expert to investigate whether the lack of a seatbelt contributed to Jason’s injuries. The Expert performed extensive tests. He evaluated damage of Harvey’s pickup. The Expert’s report showed the insurance company was wrong. The Expert concluded: “No. Jason’s failure to wear a seatbelt in no way caused or made Jason’s injuries worse.” There was no connection between Jason’s failure to wear a seatbelt and Jason’s injuries. The crushed roof of the pickup impacted the pickup’s bench seatback. Because the roof was so badly crushed, if Jason had been wearing a seatbelt, he might have died in the crash. In other words, Jason was eligible for the insurance that Harvey’s and Jason’s families had purchased to protect them.

Resident Relative Claim

After we put together Jason’s case, Harvey’s insurance company paid Jason full liability “Policy Limits” of $100,000 under Harvey’s auto policy. It also paid Jason full Underinsured Motorist “Policy Limits” of another $100,000.

Finally, Jason’s family purchased auto insurance. They purchased both Uninsured Underinsured Insurance and Medical Payment Insurance. The family policy paid Jason an Underinsured Motorist “Policy Limit” of $50,000 as his mother’s Resident Relative. The family policy also paid Jason’s medical bills. The insurance also paid for the vocational rehabilitation Jason needs.

Johnson Law has been helping Alaskans for nearly 30 years. It’s who we are.

And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Please call Johnson Law to discuss your case: (907)277-3090 or use our online contact form.

Sources: Investopedia; Alaska Administrative Code; Justia U.S. Law

Image Source: Lovelace Health System