Create a "Catastrophic Loss Fund" for Auto Accident Victims
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My nephew (Tatsu Nickason) was involved in a motorcycle accident last month. Despite the medical community's best efforts (and so many surgeries that I have lost count) to try to save his left leg, he eventually lost it to a below the knee amputation.
He was not at fault in this accident. A retired school teacher was cited at the scene for failure to yield (she did not see him and turned left in front of him causing the head on collision).
We have no idea yet what all of the costs will eventually grow to for the hospitals, doctors, surgeons, anesthesiologists, etc. (not to mention the q-tips).
What we do know is that the teacher very low automobile liability limits that were sufficient to meet Texas laws governing same, but not nearly high enough to offset even a fraction of the total costs being incurred by Tatsu.
In short, the teacher has a $30,000.00 limit on her automobile liability policy. And even if she had other assets to pursue, we would certainly prefer to NOT have to do that. As angry as we all are at her at the moment, the teacher should still not lose her home, car, retirement, life savings, etc. for one simple mistake. Regardless of how severe the injuries are.
The fact remains that $30,000.00 is all that is available for a 28 year old young man who will now go through the balance of his life wearing a prosthetic leg.
And in addition to the physical and emotional injuries, he is also facing what we believe will eventually grow to hundreds of thousands of dollars in medical bills. All for an accident that was not even his fault. This could eventually result in a personal bankruptcy for a kid that prides himself on a spotless credit history.
We know and understand that this is a fairly rare occurrence.
We know that this is not the norm when it comes to auto accidents.
We know that the needs of the many outweigh the needs of the few. We get all of that. But it still doesn't change the fact that there are good people out here that are being irreparably damaged with little or no recourse.
And in this case, we also know that even a $100,000 minimum limit of liability would not have made much of a difference.
But the states and the insurance companies should figure out a better way to deal with losses of this magnitude. Perhaps a "Catastrophic Loss Fund" that is immune from "ambulance chaser's" lawsuits, but available to citizens like my nephew who are truly victims of accidents and of a system that is woefully inadequate to deal with losses of this nature.
The State of Texas in conjunction with the automobile insurance companies who write business in this state can fund this mechanism and solve this problem.
I appreciate your voice, your signature and your support in getting this petition onto Governor Greg Abbott's desk!
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