Auto Insurance Claims: Death of my mother/she was pedesrian crossing street/hit by a car dying almost instantly//car registered to father of driver, Insured by Allstate, claims advice, claim help

Question
On 2-8-2011 My mother parked across the street from  High School due to lack of employee parking due to construction at the high school.  She was unable to walk the long distance to the crosswalk due to a trick knee.  She was crossing rhea street to go to work and was hit her head hitting windshield flying almost sixty feet hitting the ground dying shortly thereafter. Drivers fathers policy coverage is $15,000/30,000 for bodily injury. My mother has medicare, medical bills totaling $35,000. Allstate claims because my mother was taken to a county facility that medical bills are to be paid from the $15,000 and that my brother and I need to negotiate bills down and we split what is leftover from the $15,000. My mother was one of many who crossed at this particular place due to opening in fence to school.  Driver is 19 and was going between 35 and 49 miles and does not know why he did not see my mother.  Did not know he hit anyone until windshield shattered and at that time he did not even know what he hit. Does not know why he did not see her. My question is she had medicare at the time and what do the insurance laws state. He killed my mom and what monetary value are my brother and I entitled to etc...

Answer
 Hello Andrea,

First, my sincerest sympathies to you and your family.

You are being taken advantage of, in my opinion.

Here's what you need to do.  This is a complicated issue.  You are assuming that the only liability rests with the driver.  What about the construction company?  What about the school board who allowed this dangerous situation? (Note:  there will be a cap on the govt, but it is still worth pursuing.)

And don't let anyone tell you that your mother is at fault for not crossing in the crosswalk.  The driver cannot see her??  Shame on the parties involved for allowing this to occur.

You must find yourself a qualified personal injury attorney.  Search online, cross checking names with your state bar.  And, the CA Bar might have a referral service as well.

Don't delay.  

I wish you well.

Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com