Legal Question in Insurance Law in Missouri

Liablity limits

We were injured in an accident. The one who caused the accident is 100% at fault. Their Insurance limits for liablity are 25,000 - 50,000.

My husband and daughters injuries are about 10,000. Mine are 30,000. The Inusrance company is saying I can only get a total of 25,000. Don't they have to use the 50,000 limit for all of us if it is necessary? Thank You


Asked on 6/14/04, 8:11 pm

2 Answers from Attorneys
Spencer Farris The S.E. Farris Law Firm

Re: Liablity limits

This gets tricky. When the total of all claims exceed the aggregate limits ($50,000 in your case) a judge can apportion the entire proceeds between the claimants, and is not necessarily bound by the $25,000 per claimant limit in the policy. I have handled a case in the past with just such a result.

Your own auto coverage may also offer you some benefits- contact an experienced trial attorney as soon as you can to discuss this matter, as it is not a simple case!

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Answered on 6/15/04, 12:23 pm
Donald Herron Herron Law Firm

Re: Liablity limits

25/50 means 25,000 per person per accident, with a total of 50,000 coverage per accident. For example, if 2 people were injured, each could recover 25,000 from the insurance carrier. In your case, your recovery under the one policy is probably limited to 25,000, but your daughter and husband could collect the remaining 25,000. You should be careful before you settle your case, as there are a number of issues that could come into play that could effect how much money you obtain. In addition, there may be other applicable insurance coverage and you may also have underinsured motorist coverage.

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Answered on 6/14/04, 11:23 pm


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