Can My Daughter Sue My Auto Insurance Carrier?



Uninsured question – an uninsured driver rear-ended my car causing damage and injury to me and my daughter. My daughter has completed her chiro treatment. Her medical specials were paid by my PIP leaving a balance of about $845. Adjuster stated that the PIP was exhausted and the balance will not be paid.
After I informed the adjuster that the medical payment should be paid out of my uninsured coverage, she still denied. Contacted her supervisor, adjuster called to say she misunderstood and the check will be in the mail for doctor. I then inquired about the bodily injury and pain/suffering of my daughter and adjuster stated that there will not be any because they will only pay for the medicals.
I contacted the manager and informed him of the adjuster’s decision. I also informed him that my daughter is a model. He informed me that the adjuster was out of line and stated that an offer should have been made. He informed me that he will get back in contact with me on Monday 1/19/03 for final decision.
Can my daughter sue my insurance company?

–Valeria, Columbia, SC


The anwer is yes.
Your daughter is protected by the Uninsured motorist provisions of your policy. Family members are usually all covered, if they live in the same household. The one great problem with Uninsured Motorist cases in most states is that you lose your right to a trial by jury. This means you are subject to biased members of arbitration services who are paid by insurance companies and corporate interests to sit as judge and jury in your daughter’s case.
The system is unfair.
When a system is unfair to the consumer, the insurance company will be next in line to rip that consumer off, as the insurance company is doing to you in your case.