Dawn--so are you actively going after the homeowners at this point? And these people are the parents of one of Baylor's friends, right? How is that going? I mean, do you run into them in town or at school and stuff? Is it hostile or awkward and all of that? Are Baylor and the kid still friends?
No - we are not going after them personally. Baylor and the boy see each other in school and that is it. Last Halloween was the first time Baylor and he had spent anytime outside of school together and the mom and I had talked a few times that week to coordinate the sleepover for Oct 30th and what the boys were going to do on Halloween.
I had tried to be civil to them and was the first week after the accident - then she refused to give her home owners info, refused to call them, lied to the fire marshall about details of the accident and her and the boy told the insurance agent that Baylor had asked the boy not to call for help. This was refuted not only by Baylor but the neighbor boy of theirs.
I do not hate anyone - disslike many people - hate is not a word I toss around at all - but they are close. The boy is telling people at school that Baylor is "faking" it still. That he is wearing his compression stockings for attention. At the football game Friday afternoon, Chad and I were standing by Baylor, when a boy came up to him and asked him when he was going to stop being a , "pu$$Y" and stop wearing the baby sock. He said it like he was thinking he was funny and a smart mouth and I wanted to knock that snot into next week. I think Chad finally "got" it from Baylor's perspective because he never sees this interaction that Baylor experiences.
We need an attorney because Chad's insurance policy has a clause - many do - that states if a 3rd party is involved and responsible then they have first rights for a sub-demand (clause in your health insurance is called subrigation) to get the homeowners policy.
They have already taken the $1,000 medical liability that was supposed to go to the hospital to help cover our deductibles and are planning on going after the $300,000 liability to get back the money they have paid out.
This could mean that Baylor will have no settlement to cover future issues if they come up and nothing for him for pain and compensation.
It is not their homeowner's fault - the agent assigned to Baylor is a great guy and he was the one who "suggested" to protect Baylor's best interest we might want to look into hiring an attorney now that our insurance made it obvious what they intend to do.
It is just cr@p. You pay your premiuims, we paid Cobra for November last year while Chad was laid off for that 1/2 month and then, they want to take what is rightfully a kid's. Or anyones. And truthfully, the homeowners insurance company wants and knows Baylor deserves the settlement. They are not happy either.
So we have 2 decesions.
#1 Settle on our own with their homeowners - they have to pay for an attorney to represent Baylor's best interest (that is on their dole so do you trust that he is going to work as hard as possible?) in court and that attorney will try and work out an agreement for our insurance to settle for less than 100% of the bill - so there is some for Baylor.
#2 Hire an attorney who gets 1/3 of Baylor's settlement who will work ahead of time and try and settle with the insurance company a lower ammount as well. The difference is the attorney in the first choice - only shows up at court to work out the deal with our health insurance company. This attorney gets paid based on how much Baylor is awarded and works ahead of time - I would assume he would work harder than attorney #1 because his income is based on how well he does - #1 gets paid his salary no matter what.
So that is the dillema. We just found out that our insurance was going after the money in August - knew it was a possibility since he was hurt but they sat on it - so now gathering facts about where to go from here.
I feel a tremendous amount of responsibility in this. It is for Baylor and will impact Baylor - if I make the wrong choice it is not like I am the one impacted. Chad is zero help - after talking about this since last November - he finally gets the fact that even though he has insurance - they do not have to cover this situation 100%. I swear I wonder how the heck I handled living with him for so long. He does not get basic things at all. After the 200th time explaining it - he asked, "so who was supposed to get that $1,000?"
I wanted to shove my head inthe door and try shutting it at that point to get rid of the migraine.
Okay - hope that explains it well enough to follow!