Visitor Question

Underinsured Motorist Attorney Question…

Submitted By: Fredrick (Tupelo, MS)

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: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Fredrick,

Frederick:

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.

Best of Luck,

Law Guy

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 14, 2011

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