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Who is entitled to the proceeds of a bad faith claim? the injured party or the policy holder?

Stillwater, OK |

Several years ago, at the age of 17 or 18, I was involved in a car accident while under my father's insurance. I was issued a pain and suffering check at that time. Following, my father filed a bad faith claim against the insurance company however when they failed to pay the medical bills. I was recently issued a settlement check, or med pay check in my name only when the courts settled. My parents have asked me to write the check over to them. I refused and wrote them a check for half of the proceeds to cover their time, support and any medical bills they paid at the time. They are now saying they are going to take me to court for the remaining balance. Do they have a chance in court? I was the only injured party and they were just the policy holder. Thank you.

Attorney Answers 4


  1. Talk to a personal injury attorney about this. In my experience, the policy holder has been the injured party and thus, the policy holder gets the dough as it was the insurance company's bad faith towards them that matters.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  2. Consult a local OK personal injury/Bad Faith attorney - most will offer a free initial consultation

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


  3. The laws vary state by state. You should contact an attorney in OK that handles bad faith claims or insurance disputes in OK. Many will offer a free consultation.


  4. Best bet is to retain a local insurance lawyer to resolve

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