Uninsured Motorist Claim Settles for Policy Limits
Our client, his wife, and his three children were driving home from a work event when another driver coming from the opposite direction crossed the double yellow line and crashed head on into their vehicle. Our first job was to find out if the other driver had insurance. The other driver refused to cooperate with his insurance company, and it took several months of consistent phone calls, emails, and lots of waiting on hold before determining that he was uninsured. We then issued a demand to our client's insurance, which promptly issued the policy limits.
The interesting part of this claim was when we had to determine what, if anything, had to be paid back to our client's health insurance. At first, they wanted $87,000. Upon a close read of the law, we were able to get them to reduce to $20,000, but we were still not satisfied. Upon request, we got the policy documents and had a close look at the policy language. Upon review, we discovered that our client did not have to pay back any of the money his health insurance company paid, putting an extra $20,000 into our client's pocket!