My son was struck by an automobile (outside of a car) and his girlfriend was in the car. The driver only had liability insurance. My son suffered major injuries, his medical expenses total over $92,000 and his girlfriend's injuries where minor. They both hired separate attorneys.
My son's attorney is telling us that the at-fault driver's insurance policy is only for a $100,000 and it will have to be split between the two of them. This doesn't this sound right. What do you think? Also, is there a conflict of interest for two attorneys to work together?
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.
ANSWER for "Underinsured Motorist Attorney Question... ":
Let’s first talk about the possibility of conflict of interest. If one attorney attempted to represent both your son and his girlfriend that would almost always be a conflict of interest.
Your son’s attorney and his girlfriend’s attorney are acting quite correctly. Most insurance policies are set up to protect the insured so she has enough money to pay for injuries to multiple parties.
In other words the $100,000 policy will be split according to the degree of injuries, the number of injured, and the skill of each attorney.
If, let’s say in addition to your son’s girlfriend there were 2 more passengers in the car and that both were also injured. What would happen then is the $100,000 would be split proportionate to injuries and among your son and his three passengers.
From the facts you present it seems the case is proceeding just as it should.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.