If you are injured by another motorist in a car accident, you probably have countless questions about your insurance coverage and whether the other motorist’s insurance will be sufficient to cover your losses and damages. Our dedicated North Carolina car accident attorneys have assisted many victims with navigating the insurance claims process after suffering injuries inflicted by a careless driver. We are also seasoned trial lawyers who are not afraid to take the matter to litigation if that is what is necessary to protect your rights.
In a recent appellate opinion, the court considered whether the primary underinsured motorist insurer can obtain an offset for any liability payments that it made to an accident victim when there are multiple underinsured motorist insurers involved. The underlying facts of the case are as follows. A man was driving his son’s vehicle with his wife as a passenger at the time of the incident. The man fell asleep while driving, and the car collided with a tree after veering off the roadway at a high speed. The man’s wife, unfortunately, died in the crash, and the son suffered serious injuries.
The son had three insurance policies with the same insurer. The policies each provided liability and underinsured motorist coverage in the amount of $100,000 for each person and $300,000 for each accident. One of these policies applied to the vehicle involved in the accident, while the other two were taken out for different vehicles. The man also had an insurance policy through a different insurer that provided similar amounts of coverage. In each of the policies involved, there was the same language regarding underinsured motorist coverage.