Moped Accident and Personal Injury Insurance Cap...
(Charleston, SC, USA)
My daughter was on a moped and was hit by a van. The woman driving failed to yield, there were witnesses at the scene and the women who hit my daughter plead guilty in court to the offense. My daughter suffered traumatic injury to the front jaw and was taken to ER and for overnight observation.
She had a fracture which caused one tooth to fall out at the scene, three had to be removed the following day and one repaired. She's had some physical therapy, been monitored by a doctor and had a flipper made for her mouth so that she could work.
She does have an attorney but he is telling her that the woman who was at fault 100% has auto insurance which caps at $25,000 (my daughter is currently @ $28,000 in bills).
My daughter has to have implants put in for $6,000 plus the 2 crowns and bridge built (about $4,000). Additionally, this happened 3 days before the new government health care policy was in affect, so my daughter at that time wasn't covered under our health insurance.
Her attorney wants to go after my husband's & my auto insurance. My daughter is 25 and has maintained our home address as mailing, but has not lived with us for some time. Her attorney says since she used our residence as her address and stayed intermittently he can do this. We are very concerned because we both have jobs with security clearance.
Is there a money cap for the at-fault driver's insurance which stops her from paying all the medical bills? Can my daughter's attorney go after our auto insurance policy? Can you give us any advice on what we can do? Thanks so much.
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ANSWER for "Moped Accident and Personal Injury Insurance Cap...":
The money cap on one’s automobile liability insurance is the amount of the insurance your daughter paid for. She apparently purchased a policy with a cap of $25,000 per person.
Your daughter’s attorney does have the right to sue your insurance company for additional compensation for her. Whether the attorney will prevail is another matter. From the facts you present it seems the attorney is really stretching by “going after” your auto insurance.
You should understand that her attorney has an ethical duty to vigorously protect your daughter's best interests. It seems this attorney is doing just that.
The good news is that when you and your husband purchased your automobile insurance policy you also purchased legal representation. When your insurance policy is collaterally attacked by a 3rd party (your daughter and her attorney) your attorneys, at no additional cost to you, will stand and vigorously contest and defend any claim or lawsuit filed against them (or you), and which is related to your daughter's automobile accident.
At this point there does not appear to be much you can do other than leave this matter in your insurance company’s hands. If you are still anxious or confused about things you might consider seeking out a local attorney for additional legal advice and counsel.
It seems the salient issue here is whether your insurance will be made to contribute to your daughter’s ultimate compensation. The answer is “maybe.”
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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