Insurance Limits. My daughter was a passenger in a fatal car accident. The driver has 25,000 coverage.

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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, 2016

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Insurance Question from Mechanicsville, VA

Asked on 08/02/2016

Insurance Limits. My daughter was a passenger in a fatal car accident. The driver has 25,000 coverage. My auto declaration page shows bodily injury at 100,000 each person auto liability and also the same limit under uninsured motorist insurance. The insurance company says payment will be 100,000. Shouldn't it be 125,000? My daughter was listed as an additional driver on my policy. Also, will payment be made to the estate? I am the policy owner.

Answer given on August 14, 2016

If your daughter was killed in a car accident and the other driver does not have enough insurance, you can file a claim with your insurance company under the uninsured/underinsured motorist coverage. If you have filed for this with your insurance company, they will only pay the amount shown on your insurance policy for the limit of coverage. It appears that is $100,000.The driver’s insurance company would pay the $25000 if they have accepted liability for the accident. That would have to come from them, not your insurance company. If you have not filed a claim with them, do so and let that insurance company work on the settlement.The payment will be made in the name of your daughter, since she was the person who suffered the injury/death. Check with both companies to see how they will handle this since she died in the accident. It does not matter that you are the policyholder in this case.

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