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?


Asked on 3/12/08, 9:55 am

3 Answers from Attorneys

James Smith James E. Smith Ltd.

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?

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Answered on 3/12/08, 10:45 am

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.

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Answered on 3/12/08, 12:39 pm
Adam Breeden Breeden & Herbe, Ltd.

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.

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Answered on 3/12/08, 1:24 pm


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