Auto Insurance Claims: DUI involving teens., made whole doctrine

Question
Hi, I'm 17 and i was recently hit by a drunk driver (19 yrs old). he was driving his fathers rental car. we demanded they let us know of their policy limit which turned out to be 50,000. he's 19 so he has no money to sue for. honestly.. after fees are taken out the 17,000 that i would recieve is not acceptable. my doctor bills were paid by my tenncare. now tenncare is asking for money. hence the 50,000 goes down to 17,000 for myself. how could i gain a larger settlement? should i sue anyways? the accident did a good amount of damage and almost kept me from graduating highschool. i just want to be compensated for this accident. Thanks for replying

Answer
Anne,

  Your only hope is the "made whole doctrine".  I would have to look at your case very carefully to see if it applies, but in general it says that if your damages are more than what you have been paid, then the bills don't have to be paid back to tenncare.  


  I hope this gives a little light on the subject.  An attorney could give you the details on whether your case could call upon the made whole doctrine.


JP