Recently, the Pothitakis Law Firm was asked to assist a family with respect to the death of their adult son from an automobile accident. T.T. was riding in a vehicle being operated by a friend, and the friend went off the road which resulted in T.T.’s death. The negligent driver had a very limited amount of insurance available for the damages sustained by T.T., his estate, and his family. The Pothitakis Law Firm was asked to assist.
One of the first things that Pothitakis Law Firm determined was that the parents of T.T. had an underinsured motorist policy in place for their own vehicles. T.T. had been living with his parents at the time of the incident which made him an insured under the underinsured motorist policy owned by his parents.
Most underinsured motorist policies make resident family members insured under the policy even if they are not listed on the policy or make payments on the policy. Pothitakis Law Firm was able to obtain the policy limits of both the negligent party’s insurance as well as the policy limits of the underinsured motorist policy held by T.T.’s parents.
This case illustrates the need to evaluate and determine any and all sources of insurance coverage in cases where catastrophic damages have been sustained.