Legal Question in Personal Injury in Nevada
UM/UI claim denied as not a ''spouse/relative''
Accident was 6/2/2007. I was a passenger on my own motorcycle, my fiance was driving.We were struck by another motorcyclist who was drunk. I was seriously injured and will never be 100% per the surgeon. Both I and my fiance have seperate motorcycle insurance through Progressive. - The responsible party was underinsured with Progressive. I obtained 50K from my insurance; I was offered the limit of 50K on the responsible parties policy but my fiance's policy denied my claim for additional underinsured as I am not a ''spouse or relative''. I was told to file a suit against them as Progressive's ''spouse/relative'' clause is only for bodily injury, not for UM/UI. Is this correct? How do I confirm this language is only meant for bodily and not UI?
3 Answers from Attorneys
Re: UM/UI claim denied as not a ''spouse/relative''
You need to get a copy of the policy itself, although shouldn't she get the $50,000?
Re: UM/UI claim denied as not a ''spouse/relative''
I would need to review the policy to answer your question. Note, however, that DUI accident related debts are usually non-dischargeable in bankruptcy. In other words, I'd think really hard before releasing the other party from liability in exchange for just $50K.
Re: UM/UI claim denied as not a ''spouse/relative''
It sounds like they are jerking you around, but I would have to review the entire policy to be certain. Generally the policies cover passengers no matter what.
I used to work for insurance companies and now I sue them. Call me and we will talk. If they settle pre-litigation we can arrange a favorable percentage fee below normal.