Insurer failed to pay auto accident injury claim, suit says

Kelly Holleran Dec. 13, 2010, 2:53am

A plaintiff in a Madison County lawsuit claims he has yet to receive medical payments from his insurance company after suffering injuries as passenger in a vehicle driven by an allegedly intoxicated driver.

Kevin Coleman filed a lawsuit Dec. 8 against Travis Baugh and Madison Mutual Insurance Company.

Coleman claims he rode in a vehicle Baugh drove on Buzzard Rock Road on Jan. 9, 2009, near Prairie du Rocher when an accident occurred.

Because of the collision, Coleman suffered injuries to his back, neck and body and became disordered, according to the complaint. In addition, he incurred medical costs, the suit states.

Coleman blames Baugh for causing the collision, saying he negligently drove too fast, drove without adequate brakes, failed to properly apply his brakes, failed to keep his vehicle under proper control, failed to keep his vehicle to a complete stop and drove while under the influence of alcohol.

Following the accident, Coleman attempted to obtain money from Baugh's insurance company, but Madison Mutual refuses to honor his requests for medical payments, the complaint says.

"Madison Mutual Insurance Company has asserted a medical payments lien that is improper as damages in this case exceed policy limits and other reasons under Illinois law," the suit states.

In his two-count complaint, Coleman seeks a judgment of more than $50,000 and a declaration that the medical payments lien is void, plus costs.

Chris Kolker of Kolker Law Offices in Belleville will be representing him.

Madison County Circuit Court case number: 10-L-1223.

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