Legal Question in Personal Injury in Florida
Auto Insurance - Order of Coverage
My son was a passenger of a (not at fault) vehicle (#1) involved in a major collision. I have receivd PIP from #1 vehilcle policy, full BI limits from person at fault (#2 vehicle), then full UM of #1 and full BI of #1. These policy limits are exhausted yet my son has over 120K in med bills. #1 DRIVER lives w/wife and sister who each have insured cars. WIfe of driver #1 has company vehicle. Even though #1 was NOT at fault,
A) will other 2 vehicles' policies pay for medical bills?
Also, OWNER of #1 car has another car insured w/New York policy.
B)Which of these policies, if any, can my son file claim against?
C) How can I find out if there are umbrella policies or stacked coverage?
One more thing - My son has a girlfriend living in his home who has an insured car although he is not licensed.
D) Is he entitled to claim against her insurance company since they live in the same house?
Thank you for any assistance.
2 Answers from Attorneys
Re: Auto Insurance - Order of Coverage
A) will other 2 vehicles' policies pay for medical bills?
No. You indicate that driver #1 was not at fault. I am sure, as well that in receiving settlement from driver #1 you signed a release.
If car #1 was insured by another policy AND you did not release the driver or owner, that policy may provide coverage.
B)Which of these policies, if any, can my son file claim against?
Based on facts as you describe -- none.
Did you have Underinsured or uninsured motorist coverage? I assume not, since it is not mentioned. If so, you will need a lawyer's assistance to pursue.
C) How can I find out if there are umbrella policies or stacked coverage?
This should have been asked before settling. If you have already released the drivers, that would also release any carrioers that would cover them.
D) Is he entitled to claim against her insurance company since they live in the same house?
Does she have UM coverage? without marriage, No.
Re: Auto Insurance - Order of Coverage
I have reviewed your question and it requires a thorough analysis of all the insurance coverages related to the accident. The quickest away this can be done is if you coordinate with my office to transfer of this information to me via fax or e-mail. I will be in court in early afternoon so if you want me to review this more quickly e-mail me a phone number I can call you at tomorrow morning to discuss.
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