underinsured claim against a household policy

[anniea]

What is the name of your state? MA. The driver at fault caused me to spin and roll over. His ins.co. offered the full value of his policy - $20,000 on his 20/40 coverage. I was driving my husbands truckat the time of the MVA. I have a policy worth 20/40 - therefore there is nothing to recover on that policy for me. My policy has 100,000/250,000 on teh underinsured/uninsured provision. Can I recover anything under his policy for the accident. I sustained an broken wrist and have significant scarring on the wrist requiring 3 surgeries to repair. Along with permanent neurological foot damage. If yes or no what laws or cases allow me to pursue or not pursue a claim under my husbands policy. If I can make a legitimate claim under my husbands policy - how do I determine what a reasonable amount to settle for is. I was 20 weeks pregnant at the time of the accident. The Baby is fine.

[moburkes]

You should contact your husband's insurance company since you were driving his vehicle. Since your husband was not the at fault party, I'm not sure that you can ask for pain and suffering. You would ask the at fault party for that.

[anniea]

Actually it wouldn't be a pain and suffering suit or damages claim. It has to do with the stacking of policies and how that is handled in MA. If someone who is in MA can Answer this question either based on their experience or some legal expertise in MA that would be more helpful. Thanks for trying though.

[moburkes]

I'm sorry, I misunderstood your question. There is no stacking of policies in MA.

The at fault party's paid the maximum, based on what their client purchased. You stated twice that you have insurance, but I am assuming that the 2nd part was actually referring to your husband's insurance policy:

I have a policy worth 20/40 - therefore there is nothing to recover on that policy for me. My policyhas 100,000/250,000 on teh underinsured/uninsured provision.

Since you were driving your husband's vehicle at the time of the accident, then his coverage will kick him. First, there is PIP coverage if your husband did not exclude you from his coverage. Then his UIM coverage will kick in.

The amount that you settle for is the amount of the medical bills ONLY. That's why I thought you were looking for pain and suffering, since you mentioned the baby and you asked what is "reasonable".