I accidentily posted this before but as I stood behind a boom truck on
a job site an old guy lost control and slammed into me shattering both
my femurs. He only had a $100,000 in liability insurance yet
everything he owned was in family trust. I ended up settling wth my
employers underinsured motorist. I don't think that is right.
I guess I didn't give enough detail, the guy that hit me had nothihg
to do with the job, but all his assets were tied up in a trust. There
for my employers under insured motorist policy applyied which is why
contractors insurance is so high. I came out OK but it bothered me
that the lawyer went for the easiest recourse.
On 30 Jan 2012 16:52:55 GMT, firstname.lastname@example.org (Scott Lurndal)
Well it's kind of hard to operate a boom truck if your not right
there, and I wasn't in the roadway, the 84 year old had prostate
cancer & luekemia and lost control 60' away from me and crossed into a
parking lot area where we were working. My medical bills were closer
to $200,000, then there were lost wages for a year before being
declared permantly disabled.
My employer owned the truck, and I was on the job. I was behind the
truck to set the outriggers. I was the operator. An 84 year old man
got confused between the brake and gas and pinned me between his car
and the truck. I dented 1/4" diamond plate steel. He only had
$100,000 in liability insurance, which only covered the first week of
hospital expense. Because the man that hit me had everything in a
living trust they went after my employers underinsured motorist
insurance. Though it was a workmen's compensation claim the employers
insurance got stuck with it because it was caused by a third party,
and they couldn't get the assets of tha man that caused it. The state
goes after the person at fault if they can, or if you hire your own
attorney they put a lien on the judgement.
In this case it appears the trust was misused, and the person was
significantly under insured.
However trusts for the elderly are a good thing. Under our laws if a
person is forced into a nursing home, the family can loose everything,
even if the nursing home stay is only for a short time. Under this
scenario after a given period the person will not have the financial
ability to leave the nursing home since all of his assets will have been
used to provide his care. He may then be forced to live the rest of his
life in a nursing home. It happened to my grandmother who ended up
spending over 20 years in a nursing home.
In Indiana, if you have an approved long term care insurance policy that
covers a state approved length in the nursing home care, once you have
expended the policy, Indiana will not force you to liquidate your asset
to continue to stay in the nursing home.
While it seems like a lot of money, in Indiana, long term care is an
insurance policy to protect the assets that you have accumulated, and
provide your wife the funds she needs so she can live her remaining life
in her own home.
OK, now I understand. Lawyers will grab anything available. One the
old guy was tapped out, the next logical money pile would be your
employer. Even though the old guy caused the problem, you were on the
job and were injured while working. I can see Workman's Comp paying
Of course. It's not all that different from a wife riding on the back
of a motorcycle with her husband. They have an accident, the wife is
injured and the wife sues the husband. It happens all the time since
it's the only compensation that's available.
I wasn't injured by anyone on the job. But apparently in Washington
State you can put everything in a family trust that makes the lawyers
go after everyone else. My employer was well insured, but really had
no liability and treated me well. Keptt me on medical for over a year
knowing I couldn't come back. Then when thet settled the employers
auto insurance payed back L&I and me though they weren't at fault .
The underinsured driver was protected by his family trust.
Or people need to carry adequate insurance. In this state a
commercial contractor pretty much has to have 2-5 million in liability
to get any contracts. They let people drive with a minimum of $25000
in liability in this state.
I really feel for you, Mike, honestly. But as I said, WA needs
insurance reform. 25K liability isn't enough. For anyone. Why and how
an 84 year-old man was in that truck, I can't understand. Your employer
should have had better on the job safety, so yes, they should pay if 84
year-old Joe can't. IANAL, so I don't know how you could legally shield
yourself from liability in a case like this by putting your possessions
in a trust.
Mike M and Mike Marlow, it is only now clear to me. Sorry for being dense.
That is really sad for everyone involved. I guess the old man shouldn't
have beend driving anymore in his condition, but I know how difficult it
can be to give up driving when that's how you get around. Dad had that
problem and only after he almost wiped out a bicyclist did he realize it
Mike M, how are you doing now? If you care to elaborate, that is ...
Han I have far more to be happy about then to complain. Harborview
Hospital in Seattle is one of the top trauma centers in the country.
I also had a couple of the best surgeons so they saved my legs
although I'm missing a chunk of one. It's amazing one they do now. I
actually have titanium rods in both femurs & big old stainless screws
holding the head on one. I was able to start physical therapy after
one week. Used a walker by a month, and at 7 months could pretty much
walk unassisted. Now I'm not able to do what I used to, but I
consider myself lucky. Being on the job injury you still have a
little income and the medical bills get paid. Think what this does to
families that don't have their own coverage. I came out pretty well
and even paid the state back for what I cost them. I get some pain in
one leg but it's mostly from over doing things. Just expanded the
shop by 360 sq. ft and looking forward to rearranging things. Just
have to finish making up the electrical.
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