Monday, August 27, 2012
Insurance carrier denies any other policies apply...WRONG
My client, a passenger in a vehicle driven by her cousin, was ejected when the vehicle hydroplanes on a wet highway. She was taken by ambulance to the ER with severe injuries including a traumatic brain injury. The cousin was driving her uncle's vehicle. The uncle only has $50,000 in coverage, which is quickly tendered to my client. The driver did not have her own auto coverage, or so we are told. My client's medical bills exceed $1,500,000.00. Luckily a government program gets involved and pays them all. Nonetheless, client is still severely injured and the large national insurance company is pushing the $50,000 policy limit. After months of questions, letters, filing suit and subpoenaing people for depositions I confirm that there is an additional auto policy for $25,000, which was the driver's mother's policy. It extended to the daughter via a standard "resident relative" clause in every auto policy. Although small consolation or compensation for her injuries the additional $25,000.00 was important to my client. It was also something additional that the large national insurance company had claimed did not exist. It was ready to lie and pressure my client into signing away everything for only $50,000, for what the insurance company was positive was the only available coverage. Lesson learned here: DO NOT TRUST AN INSURANCE COMPANY, EVEN YOUR OWN, TO TELL YOU THE TRUTH.