Underinsured Motorist

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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: Feb 9, 2013

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Insurance Question from Philadelphia, PA

Asked on 02/09/2013

Underinsured Motorist My Father and I were hit by a driver and totaled his car. His insurance has paid us the max of his policy. Now I put in a claim to my father's insurance company for the remaining medical bills and pain and suffering. My father has underinsured motorist stacked and he has 3 cars on the policy.The insurance company offered me 25k but, said I was not entitled to the stack underinsured because I did not live in the household. My question is this correct. Am I entitled or not to the stack coverages on the policy even tho I did not live in the house hold? Also where can I find this law?

Answer given on February 13, 2013

If you and your father were injured in an auto accident, the responsible insurance company will pay up to the policy limits of the policy. You can then go to your father’s insurance company to try to collect under the uninsured/underinsured mortion of his insurance policy. Also, if he has medical payments coverage you can claim under that up to its limits.Most insurance policies do not stack coverage even under the uninsured/underinsured portion of the policy. they will pay per claim, not per auto, so you would be eligible up to the limits under the policy under the per person portion. It does not matter if you are in the household or not.If you have your own insurance policy for autos, you can go to that policy and file a claim under the uninsured/undersured coverage, if your father’s coverage is not sufficient to settle all of your medical claims. Also, if you have medical payments coverage, you can file a claim under that portion too.

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