(WSVN) -- Darwyns Quesada has spent over a year in this wheel chair.
Darwyns: "In every direction, and every angle you want to look at it. I'm not like I used to be."
Life took a horrible turn in December 2002 --- Darwyns was riding his bike when he was hit by a drunk driver...
Darwyns: "I don't remember the painful parts, I do remember the part of flipping over...but that's a very short clip of it."
He broke his wrist, chipped a tooth and devastated his arms and legs.
Darwyns: "My arm broke in half right here. I got a scar right here. I got two metal plates right here. My leg broke in half right here. This is where they put all the pins'."
Despite two months in the hospital, he can't use one arm and one leg and will need more operations to hopefully repair them.
Darwyns: "I need more three more…on my arm, my right arm. I want to get movement on my right arm."
Darwyns says his hospital bills have already reached $300,000 dollars.
He doesn't have the money to pay them...And can't afford more surgeries which he needs because the insurance company of the drunk driver refuses to pay.
Darwyns: "I need operations, they don't care to pay. It's not easy. I don't want to stay crippled. I'm sorry I don't need to cry."
What the insurance company offered was a $10,000 dollar cash settlement...Sending Darwyns this check.
Telling him if he cashed it, he agreed he wouldn't go for more.
Darwyns: "Ten thousand dollars is nothing to what I got."
Wondering what his rights are...Darwyns called Help Me Howard.
7-News Legal Expert Howard Finkelstein: "We reviewed the Drunk Driver's insurance policy. He only had $10,000 dollars in bodily injury coverage. So the insurance company only has to pay Darwyns that amount."
The bad news...Florida law only requires a motorist to carry $10,000 dollars in property damage...
And $10,000 dollars in coverage for your own injuries...You aren't ever required to have coverage for the victims injuries.
That leaves people like Darwyns without help. And Howard says is why you should protect yourself by buying an uninsured motorists policy.
Howard: "What that does is pay for your medical bills, your lost wages and your pain and suffering if the other driver doesn't have adequate insurance. In Darwyns case, even though he was on a bike, if he or someone in his household had this coverage, his losses would likely had been covered."
Of course Darwyns could sue the drunk driver...But that might not accomplish much.
Howard: "First of all, attorneys will look at what the drunk drivers has...if he is broke…they realize the case is worthless. Because even if Darwyns wins a ten million dollar verdict ... you cant collect from someone who has nothing."
Darwyns couldn't believe that he gets nothing when he's left like this.
Darwyns: "Stole all my dreams. Ripped them right out of my hands. Stole them just like that."
Some good news for Darwyns...During a restitution hearing a judge ordered the drunk driver to pay Darwyns $300 dollars a month.
He also told the drunk he was responsible for Darwyns $300,000 dollars in medical bills.
That sounds nice...but we did a background check on the drunk driver...He doesn't have a dime to his name…he hasn't paid Darwyns a dime and so Darwyns may not get much.
In the meantime, he is looking for a doctor to do the surgeries so he can piece his life back together.
Your life a wreck...Contact us...We can't insure we'll heal you...But we'll construct some sort of solution
FOR MORE INFORMATION:
Contact: pfraser@wsvn.com
