was my daughter n laws lawyer entitled to 25% of my auto insurance policy?

my son was killed as a pedestrian by a motorist. he had no insurance, however he lived with me for a year at the time. My daughter n law filed a wrongful death case against the driver, finding out there were no insurances for her. My vehichle insurance policy paid out 100,000.00 and her lawyer took 25% of it. We were getting this insurance whether we had a lawyer or not. The driver was found to have no other assets to sue for. I askd the lawyer if it was ok to go ahead and file a claim on my policy. He said it would not hurt his case , as he was continueing investigating her assets.

Asked on June 4, 2009 under Insurance Law, Oregon


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If I understand you correctly, your personal auto policy paid $100,000 as a death benefit for your son, as an additional insured, and your son's widow's attorney took $25,000 from that, without having done anything to bring in the insurance money.

I'm sure that there is a lot more to this situation than you could, or would want to, put into a question here.  There are some ways this could be happening, that would be reasonable, and some that would make the lawyer's taking that money very questionable, but all I can tell you for certain is that it sounds like something worth looking into.  For advice you can rely on, you need to have an attorney in your area review all the facts, and one place to find a lawyer is our website, http://attorneypages.com

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.