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I was injured in a car accident a few months ago and my lawyer told me that if the person that hit me doesn't have enough

Chicago, IL |

coverage for my personal injury case we would then go to MY insurance to try to to get them to pay the remainder of my settlement. My question is this...I am insured under my son in laws policy but we don't live in the same household. Do we have to live in the same house? Also, I wasn't on my son in laws insurance policy when the other party hit me, I was actually at work driving a company van when the other person rear ended me, but would I have had to be on my current insurance policy at the time of the accident for my lawyer to try to get my insurance to cover the remainder of my settlement should the other party not have enough coverage?

Attorney Answers 7

  1. Sounds like your lawyer is qualified. Sorry, but legal questions such as this should really be addressed by your attorney. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

  2. So much the better! The vehicle is probably covered by a commercial policy with MUCH higher limits.

    If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.

  3. Your attorney should be addressing these question since he/she has access to all of the relevant information.

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  4. The commercial policy will be the best thing that could happen to you. I assume the personal UIM will not cover you, not being a member of the household, as most policies require.

    Your lawyer knows how to find money, so that is what he is doing here--trying to maximize your take by uncovering any possible insurance.

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

  5. Your lawyer is in the best position to answer this question. I would recommend that you contact your lawyer as avvo (and any other internet sites) are open to the public and information that you post may be viewed by other parties to your case, the insurance company or defense attorneys. It is best to speak directly with your lawyer without anyone else present so that your questions and the information in response will be protected by the attorney-client privilege.

    Submitting your question to, and the provision of answer to your question by Charles Maring II does not form an attorney-client relationship between Charles Maring II, Karp & Ellis Law Offices, the person submitting the question, and/or any other person and/or legal entity. Each legal situation is different. Answers provided on are for general educational value only.. Communications posted on are not privileged or protected in any way.

  6. Hold the show!

    I agree with most of my brethren as to your question....except that if your attorney REALLY was talking about going after "your" policy and by that did not mean your employer's policy...then maybe you should consult with a new lawyer! Based upon your stated facts, you have at least three potential claims: a viable Worker's Compensation claim for injuries sustained in the course and scope of your employment (including full medical payments), a claim against the other driver for negligence, and, if the other driver's coverage is inadequate to compensate you for your injuries, an Underinsured Motorist Claim under your employer's policy.

    If that's not the direction your lawyer is heading, that should be a sign to you that you need to consult with someone else who better understands where all the money pockets are. Most of us who are skilled in this area will provide an initial consultation at no charge. Avvo leaves it you to choose and initiate any such direct contact.

    I hope this was helpful!

    J. Malkinson/ Malkinson & Halpern, P.C.

    If the foregoing comments or response have been helpful, kindly so-indicate by clicking the “Mark as helpful” icon, below. LEGAL DISCLAIMER: Mr. Malkinson is an attorney licensed to practice law in Illinois. His foregoing comments and response do not constitute legal advice and do not create an attorney/client relationship between him or his law firm and those posting the inquiries about which he has responded or commented, or those viewing his comments/responses. His comments or responses are in the form of legal education and are intended to provide general information only about the matter within the question.

  7. Your lawyer should analyze whether your son-in-law's policy overs you. Usually, if you are not a named insured, you have to be a family member living in the same household as the named insured, but it all depends on what the policy says. The good news is that you are most likely covered under your employer's underinsured motorist coverage. As others have stated, the employer policy probably has more insurance coverage. Good luck.