Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Aug 2, 2010

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Insurance Question from Church Point, LA

Asked on 08/02/2010

iIFA PERSON HAS TWO POLICIES CAN YOU GO AGAINST UNINSURED FOR DAMAGES MY SON WHO IS INSUREDON BOTH OF MY POLICIES WAS HIT HEAD ON AND WAS INJURED FOR LIFE. THE PERSON WHO HIT HIM ONLY HAD 10/20/10. MY POLICY HAD 10/20/10/ THE DAMAGES WELL EXCEEDED 120,000. MY SON IS STILL IN MEDICAL CARE. I HAD ANOTHER POLICY WITH HIM LISTED AS A DRIVER THAT HAS 100/300/100 WITH UNINSURED, HE IS WAS 18 AT THE TIME, STILL IN SCHOOL, AND LIVING AT HOME. CAN I USE THE UNINSURED ON MY SECOND POLICY ,TOO?

Answer given on August 04, 2010

Unfortunately, you cannot collect under two policies for uninsured or underinsured motorist coverage.  The policy that applied to your son’s car is the policy that will pay whatever limits are available, along with any medical payments coverage you had under your policy and if the other party had medical payments coverage.

It begs the question as to why you had different limits on one car versus the other.  You should always carry the same limits on all cars, to avoid this situation.  You should have discussed your decision with your insurance agent.  Hopefully he would have recommended the same limits on the policies. 

Medical coverage of an auto policy is excess coverage over any other collectible insurance.  Therefore, if you have medical insurance available to your son, the auto policy will only pay the amounts over the other insurance.

 


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