If my mother has a personal accident insurance on me and I had an accident, can she keep the payout?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my mother has a personal accident insurance on me and I had an accident, can she keep the payout?

I am 21 years old and I was in a motorcycle accident (no fault, single vehicle); I broke both of my femurs. Mind you I had no idea she had this policy on me as I have my own insurance. I was hospitalized for 8 days and had major surgery. My mother is attempting to keep the entirety of the payout from her policy on me. Is this right, is this legal?

Asked on July 16, 2015 under Insurance Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your mother is committing fraud by keeping the proceeds from the insurance policy.  The proceeds of the policy should go to you to help pay your medical bills since you were the person who was injured.  Also, your mother's  insurance company may require reimbursement for the amount it paid on the claim.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption