Needed: 1 very knowledgeable auto insurance expert to answer a very challenging question re: A UM claim ?

Question

I was hit by an uninsured motorist and it's been determined he was at fault. My 10 year old son was with me and has since developed a lingering, severe anxiety disorder. My injuries were physical and I've had a number of procedures on my neck totaling over $60k.

Of course, I'm using my liability coverage against my own insurance company to claim compensation. My policy gives me UM coverage with a 100/300 limit so there's only $100 k for each of us.

I have my medical records, bills, etc. ready to submit for myself but not for my son. I would like to be compensated for my own claim before working on his . The attorney representing Chubb (my insurance co.) stated adamantly that Chubb would want to handle both claims at the same time, but didn't say they MUST handle them together. I feel strongly about submitting and closing my claim before moving on to my son's. It's very obvious they want to settle asap so I do have this in my favor.

My son's claim is for emotional trauma and mine is for physical injury so I perceive them as separate claims.

Here is my question: Is there any rule or code preventing two UM claims from being handled one at a time or is the attorney just trying to intimidate me? Thank You!!

Answer 1

There is no legal or moral reason why they can't be handled separately.  Their paid with 2 separate checks, each injury is completely different and stands on it's own merit.

When a claim is opened, it's sent to an adjuster through a routing.  There is one routing per person and the claim is paid per person...whether it's a medical payment or a UM/uninsured motorist.

I wish you and your son the best..