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

Asked over 1 year ago - 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. Daniel Nelson Deasy

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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.... more
  2. Michael R Crosner

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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 .... more
  3. Christopher Michael Davis

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . 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. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

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

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