Legal Question in Personal Injury in West Virginia
stacking automobile liability limits
my 17 yr old son & 15 yr old nephew-involved in headon collision; driver of other car at fault; other driver was driving car that belongs to his sister; the insurance policy was issued in sisters and father's name (all live in the same household), the limits were 100, 300, 100. however, there are 4 auto polices for their household; the driver has no policy in his name. the medical bills for my son are $90,000 so far with an estimated $10,000 to complete treatment; my nephew has med bills of $75,000 with an estimated $20,000 to complete. My son&I live in VA, and covered by Trigon(medical) and there is no subrogation clause, however my nephew lives in WV whre the accident occurred, and his Trigon does have a subrogation clause. Can I sue the insurance carrier on my sons behalf for more than $100,000? he has lifelong injuries to his legs. Can all 4 of the insurance polices come into play, since the father's name is on all 4 policies? The vehicle that hit my son is titled in the father and sister's name just like the insurance policy
2 Answers from Attorneys
Re: stacking automobile liability limits
The answer to the question depends entirely on where the accident occured, so ask the questions again with that information included.
Re: stacking automobile liability limits
stacking question-you need to contact a West Virginia attorney as it is my understanding that their rules are different from Virginia where I am licensed, the site of the accident governs
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