On Saturday, February 9, 2008 at 9:48 p.m. in Tuscaloosa, Alabama my 20 year old son was struck in the rear of his motorcycle, while stopped at a redlight, by a hispanic man, who is illegally in the states, had no drivers license, no insurance and had a blood acholol level of .18. The motorcycle was totalled by the Insurance company (Progressive). The Lord was with my son and he received only minor injuries.
Progressive and our on health insurance providor, Blue Cross and Blue Shield of Alabama took care of all the medical expenses and since the motorcycle was totalled, paid off the loan balance that was owed on the motorcycle.
Just recently we received a letter from the District Attorney's office in Tuscaloosa stating that my son may be entitled to Restitution, upon completling a form that was included with the letter. At about the same time, we also received a letter from Progressive Insurance stating that they were making a effort to recover the deductible from the party responsible for the accident. They are now turning this over to a collection agent to try to collect this money.
My question is: Should we complete the form that the District Attorney's office sent us or should we just let the Insurance Company handle all this on their on? We have never had a situation like this before, and God willing will not have to go through something like this again. I would appreciate your legal expertise on this matter.
Sincerely, Carolyn H. Kilcrease (251) 947-2208 or (251)978-7452