A second roll-over car accident takes place in Chamberlain, S.D. reportedly killing a northwest Iowa man, Leon Contreras of Estherville, Iowa. Call 515-222-1110

Blog Category:
11/19/2011
Steve Lombardi
Comments (0)

Is my insurance responsible in a rollover accident?

For today's article we have several real life rollover accidents. The first is a 16-year-old driver (Beth Opperman) who is said to have suffered only non-life-threatening types of injuries. The Fayette County Sheriff's Office spokesperson described the accident for the WCR Courier as a single vehicle accident where she lost control of her driving on L. Avenue north of 110th Street, entered the ditch and the vehicle rolled. There is no discussion as to why or if anyone else was in the Ford Ranger truck. She's just 16 and probably inexperienced so we'll leave it at that. 
A second roll-over car accident takes place in Chamberlain, S.D. reportedly killing a northwest Iowa man, Leon Contreras of Estherville, Iowa. The driver is described as 37-year-old Ramon Castillo; neither man is described as wearing a seatbelt, although no details are given about what happened to cause the accident.

The third rollover accident takes place in Wyoming; it involves an oil field worker out of Gillette, Wyoming. The man was involved in a rollover accident where he broke his neck, was taken to the hospital complaining of neck pain and the hospital staff failed to discovery he had a broken neck. He suffered permanent nerve damage because of the delay of two days in diagnosing a broken neck. A malpractice case was filed and the jury returned a $9 million verdict. The man is reported to be Louis Prager of Montana.

As you can see each of these rollover case is different; no two are ever the same. In the first you have one young driver who could be considered the at-fault driver and with no passengers she would have the only claim. She would file with her own insurance company under the medical pay section of her policy. Beyond getting paid medical bills there is nothing to be paid for personal injury. In the second accident the passenger's estate (he is reported to have died) would file a claim with the driver's auto insurance company and if he has low limits of coverage he may also file with the passenger underinsured motorist coverage policy. Of course if the driver is uninsured and the passenger had automobile insurance then his estate's administrator will file under the uninsured motorist coverage. In the third accident the oil service field worker was in the course of his employment at the time of his rollover accident so he would have several avenues to consider for personal injury coverage.

First is the workers' compensation insurance and that's an easy one.

The second depends on whether he was forced off the road by another car or not. If so then there is a third-party case against the at-fault driver and owner of the at-fault car.

The next claim as you can see had to do with his claim of receiving shoddy treatment that fell below the standard of care in Wyoming. So there you have it three different rollover accidents with three different results and places to file insurance claims. And you wonder why they call this "the practice of law"? Not the operative word is practice.  


Category: Car and Tractor Trailer Accidents



For good advice see a lawyer and if you have questions about this blog, the law or your case write or call me directly. Steve Lombardi, sdlombardi@aol.com and 515-222-1110. I handle all types of personal injury cases including car accidents, truck accidents, motorcycle accidents, workers' compensation cases. We help truckers all across the country who come through Iowa and end up in an accident. If we need other lawyers from other states we hire them and it costs you no more than what you would pay us; in other words, we split the fee between us. So call 515-222-1110 or email us at sdlombardi@aol.com. 
Steve Lombardi, Attorney




There are no comments.

Post a comment

Post a Comment to "Is my insurance responsible in a rollover accident?"

To reply to this message, enter your reply in the box labeled "Message", hit "Post Message."

Name:*

Email:* (will not be published)

Website:

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]

Road ConditionsCheap Gas

Quick Contact

Name *

Phone *

Email *

Tell us more *


Lombardi Law Firm
1300 37th Street, Suite 6
West Des Moines, IA 50266
Phone: 515-222-1110
Toll Free: 800-383-0331
Get Directions

Search

News

view all

Resources

Car and Tractor Trailer Accidents

view all

Videos

Car and Tractor Trailer Accidents:

SUV Sideways Slide and Crash Caught on Dash Cam

Teen Logic: If Teen Driving and Texting is Fun Why Is She Crying?

Teen Logic: Does texting while drivng make you feel connected?

more

FAQs

Car and Tractor Trailer Accidents

What should I do if an insurance adjuster offers a type of settlement?

Should I see an attorney for my claim?

Who is at fault when we get rear-ended in a three-car accident?

more