Legal Question in Insurance Law in Connecticut

Underinsured motorist coverage

My mother struck a pedestrian several months ago at slow speed. He fell and hit his head and is doing fine now but states he now has seizures. He is suing her for $750K. My mother's auto/personal injury insurance is $100K and they will pay it. The victim's underinsured coverage is $500K of which he can collect $400K for a $500K combined max allowed. I have had contradicting info from lawyers as to whether he is required to use his underinsured coverage before he can pursue her personal assets or if it his his choice to use his underinsured coverage at all. Please help. She is a widow on a fixed income and all she has is the house which he now wants claim to.


Asked on 5/31/06, 8:28 pm

1 Answer from Attorneys
Andrew Magwood Andrew A. Magwood Attorney at Law

Re: Underinsured motorist coverage

The real answer is that your mother's insurance company can not just give up its $100k without getting a full release from the plaintiff. To do so would be a breach of its defense/settlement obligation. Even with the release, the plaintiff will be able to get the other $400k. I do coverage work and would be happy to talk more about the situation.

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Answered on 6/01/06, 9:58 am


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