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My daughters accident | How is this claim settled?

by Phyllis
(Louisville, Kentucky)

My daughter was killed in a car accident. It was the other drivers fault because she was speeding. She was killed also.

My daughter had full coverage insurance (25/50), the other driver had liability. My granddaughter was in the car, she was hurt, my ex-husband was in the car and was also hurt.

How will the insurance company settle my daughters' claim? My daughter was divorced.


Hello Phyllis,

I am sorry to hear about your situation. This is very sad.

The insurance company will have to apportion the available limits in a pro rata basis. It’s likely that the insured parties will receive more so they can recover, but it depends on what your state law will do about this circumstance.

You want to talk to an attorney and see if you can recover against both insurance policies and increase the recover as much as possible. You may be able to do that. All recovery will probably be attributed in a pro rata basis.

I hope this helps,

Good Luck,

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