My Iowa......
Roger M. Woodbury
rmwoodbury at downeast.net
Wed Jul 31 10:24:43 EDT 2002
Hi, Scott: Well, I certainly can see that you are from New York and New
Jersey, because you automatically reach for your personal injury lawyer. I
think that right now, you may not have a personal injury lawsuit to follow,
as there is still a lot of information outstanding.
First of all, was the Bronco insured? If so, then the pathway for you to
follow is through your own insurance carrier, and let them subrogate against
the other insuror. They will recover the deductible, and ultimately, the
full value of the bodily injury.
It sounds to me like you are trying to build a major bodily injury liability
case out of the accident. Has it been determined that the injuries are life
sustaining...that is, will result in permanent disability or disfigurement?
It doesn't sound like it from what you wrote. Perhaps it is very early to
think about HOW to bring a suit, and whether or not a suit will be even
necessary.
I doubt that you will have any trouble finding a lawyer in New York/New
Jersey who can handle a personal injury issue in Iowa or Illiniois. All it
will take is a lawyer who is admitted to the bar in that/those states, and
they will file the claim.
However, if the Bronco was uninsured (and I have NO idea if either of those
states is a "financial responsibility" state, that requires insurance for
registration), then the chances are there will be few assets to go after by
filing a suit, and ultimately the burden for resolution will remain with
your own insurance carriers, which is where you should start, first.
Good luck on this. This was a very unfortunate episode in your trip, and I
certainly hope everyone will be fine, and it will go smoothly for you all.
Roger
(Many years an independent insurance agent).
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