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My son was rear ended in my car by a assigned risk policy driver. She has 15k bodily injury we both have the same ins carrier

Antioch, CA |

My policy has up to 100k could he go for more than the 15k on her policy. He was not at fault. They have not even called him to see how he is doing. I am not happy and feel I will want to change carriers when this is done.

Attorney Answers 9

  1. You do not say how old your son is, but whether he is under or over the age of majority it sounds like he needs a lawyer representing him. If the at fault driver has only $15K in coverage, the question will be how much under insured coverage do you have on your policy. In New Hampshire it is the same amount as the liability amount, but I cannot tell you if that is true in CA. Find a lawyer on AVVO in your area who does auto accidents/personal injury and make an appointment to discuss this ASAP.

    No information provided in response to these questions can be relied upon in any way without further personally consulting with Attorney Kerrigan and Attorney Kerrigan consulting personally with you regarding your specific legal situation.

  2. Do you have UIM coverage greater than the $15K? If so, and his injuries warrant it, he could possibly get more.

  3. It is difficult to answer your question without more specific information.
    First, you have not indicated what injuries have been sustained placing the value of the case above $15,000. Usually, injuries of some significance is required.
    Second, you indicate that you have coverage of $100,000. Did you mean that you have Uninsured Motirist coverage of $100,000? If so, your coverage comes into play after the other party's liability is exhausted--- and then, it is between the the 15 and 100.
    Finally, you indicate that you are disappointed with your insurance company. This is a popular theme on AVVO lately. I think people have "bought in" to all the commercials; I.e, "like a good neighbor." The insurer is neither your friend nor your neighbor. It has a contract to provide certain coverages--- that's it. It will not call to see how you are doing unless it has to. It will not help you get your 3rd party claim settled. You need to advocate for yourself! It sounds like it is time to retain counsel and stop relying on the perceived good intentions of your insurance company.
    Good Luck!

  4. Usually when you want to make a claim against your own insurance company, they treat you like a stranger. That's where a good lawyer can help you out to be a strong advocate for you and your son. We all give free consultations that can let you know the strategy on your particular case.

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  5. If your son'e injuries warrant more than 15 K then after settling with the at fault party's carrier for the 15 K, you can pursue an underinsured claim with your carrier for the additional 85 K depending upon the value of your son's claim.

  6. You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on

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    Mr. Lundeen is licensed to practice law in Florida and Vermont. 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. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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  7. If the party liable has only 15k and your sons claim is worth more, and the 15k is paid, he can seek up to 85k more from your uninsured/underinsured motorist policy. It is good that the ins hasn't been calling, as they usually try to get statements and other info that they will twist to use against you. Don't give them statements or access to medical bills/records. If you wish more details, call me. 408-293-4000.