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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

Posted

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.

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4 comments

Asker

Posted

He is 27, I have 100/300 on my policy

Timothy George Kerrigan

Timothy George Kerrigan

Posted

Okay, but if he is 27 it is doubtful that he has any coverage under your policy. All the more important to consult with a local attorney.

Asker

Posted

He was driving my car and also has insurance with the same carrier wow what a mess

Timothy George Kerrigan

Timothy George Kerrigan

Posted

It seems a mess to you because it is not what you do. A local attorney who practices in this area should have considerable experience in handling these relationships between the insureds and the insurers as it is commonly an issue. Your son should make sure that the lawyer is conversant in these areas before retaining the lawyer. Best of luck!

Posted

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

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Asker

Posted

I have 100/300 on my policy

Posted

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!

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1 comment

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

Great answer by a Very outstanding lawyer!!!

Posted

I am not sure what the question is.

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Posted

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.

Direct Line to Attorney: 877-427-2752 or Email: Michael@Kingofpersonalinjurylaw.com; Website: www.KingofPi.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

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Posted

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.

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Posted

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 Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

Legal Disclaimer:

If this information has been helpful, please indicate below.

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.

This ans. does not create an attorney/client relationship.

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Posted

Have a local personal injury lawyer investigate.

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Posted

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.
Robert

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