Tarrant County

Tarrant County Employee Who Was Victim of DUI Crash May Have to Use Settlement Money to Reimburse County for Medical Expenses

A Tarrant County Sheriff's Department employee will go before the County Commissioners Court next week to ask them not to follow the letter of the law, but the spirit of a newer law.

Michelle Charles, who works at the Tarrant County Jail, was on her way to work Feb. 14, 2012, when she was hit by a drunken driver.

"When the fire department showed up," Charles explained through tears, "they thought it was a rollover because the vehicle was so bad."

Charles' car was crashed and her back was injured. She paid about $20,000 out of pocket for a newer used car and to cover her insurance deductibles. The county paid about $83,000 of her medical bills. Charles got a $100,000 settlement from the DUI driver's insurance company, but may never see any of that money.

"It's not fair," lamented Charles. "I love my job and I love the county I work for, but I feel like I did everything I'm supposed to do, and for nothing."

Legally, an insurance settlement entitles Tarrant County to 100 percent reimbursement for the medical bills it paid. That's what the law said when the crash, and most of Charles' medical expenses, were incurred. State legislators realized there was an issue when they passed a new law that took effect in January 2014 that allows just 30 percent reimbursement.

Charles' attorney, Tim Brandenburg, is hoping the spirit of the newer law will help his client.

"It's unusual for me, as an attorney," explained Brandenburg. "I'm actually going to ask them to do the fair thing."

Brandenburg is bringing his case before the Tarrant County Commissioners Court on Aug. 2. Commissioners have the discretion to change the amount of reimbursement.

"If we don't win an appeal to the commissioners, I think it's very likely that Michelle is not going to make any recovery at all," Brandenburg said.

He is suggesting 30 percent reimbursement.

"I'm the one that was the victim," Charles said. "It seems now I'm the victim again."

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