So, for example, say my case is worth about $30k. My insurance originally told me that I have to exhaust the defendant driver's policy before I can go after my own uninsured motorist coverage. Meaning, get 15k from the defendant.
But, that will be impossible because there are 4 other claimants. 30k being released for everyone. So, if they tell me I can have 8k for example, will I still be able to use my uninsured motorist? How will my insurance treat this?
You either need to collect 15 or the entire 30 needs to be paid out to everyone.
Typically they try to settle it on a pro rata basis.
Good luck. Any questions, just ask.
Normally, the payment gets paid out by the at-fault driver's insurance to each injured party on a pro rata basis. Once you collect the amount, in your example $8,000, then you can push your insurance carrier to pay the balance of your claim. It is a good idea to get legal counsel here. Most insurance companies will push around their insureds if they see that they have no legal representation.
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