QuestionGreetings, My family and I were struck head on at 60 miles per hour on Christmas day around 7:PM by a young man who decided to cross double yellow lines to pass two vehicles while motoring through a long radius corner. I had no time to even touch the brakes before the collision happened. My 11 year old daughter suffered a lacerated spleen and abrasions, (5 days in hospital). My wife suffered lacerations, damaged teeth, hematologic trauma & obviously, major bruising (while not admitted, spent 5 days at my daughters bedside). I myself suffered a fractured hip and pelvis, shattered knee, cuts and abrasions (6 days in hospital).
My question is this, if the young man who hit us had an under valued liability policy and his insurance company tendered the entire policy limits to us (300K less subrogation), do you believe that my under insured motorist policy of 100K plus PIP & PD should be paid out in full to help cover the deficiency?
Regards,
Dennis
AnswerHi Dennis,
I'm sorry for your situation.
Laws vary from state to state. Some states will allow you to collect from the at fault party and also your uninsured motorist coverage. Other states cap what you can collect to the amount of your uninsured motorist coverage. Also in some states you can "stack" uninsured motorist coverage. That means that if you have 100/300 uninsured moriorist coverage for bodily injury and you have 3 cars on the policy, you actually may have 300/600 coverage available
In this situation I think it would be best for you to speak with an attorney. You will also what to speak with your insurance company to see if they agree that the value of your claim far exceeds the total of both policies. You should ask an attorney to first evaluate the claim and all of your available coverage before you sign a represenation agreement.
I hope this helps
Richard Hixenbaugh
