Uninsured Motorist

[KathyW]

I live in Oklahoma. My minor son was involved in an auto accident. Not his fault. The other man's insurance company and I have already settled property damage, however, now we are to medical. The "other man" only has 10,000 liability medical coverage. The insurance company (the other man's) said that the claim will be worth quite a bit over 10,000. They told me to file a claim with My son's father's insurance company to claim underinsured motorist. 1)His Dad and I have joint custody of him, he lives weekdays with me, weekends with him. Will be be a class 1 member of the his father's house? By the way I don't Have UM coverage. 2) Is that insurance company telling me to do the right thing? 3)Does UM only pay for true out of pocket medical expenses?

 

[Juan Rodriguez]

If the carrier is telling you that the injuries are worth more than 10K then it's time to speak with a personal injury attorney most have free consultations and work on a contingency fee basis.

The issue of whether or not the child of divorced parents is covered under the policy of the non-residential parent has been decided in most state courts. You will have to check Oklahoma case law. The courts normaly find for the child, meaning that the child is deemed a resident of BOTH households. Call who ever you spoke with at the "other man's" carrier and ask them what they base the "referral" on.

UM policies for the most part require notice before you settle with the at-fault party. If you don't it could create a problem with the coverage. This is why talking to an attorney is the best solution.

Good luck.