Q: I was taking my stepson to school. We got rear ended. My wife & I are separated now. Should I file separate ins. claim?

A: These are excellent questions. But this is just an example why you need to hire an experienced personal injury attorney attorney in the State where this occurred.

To get the insurance company to be fair, you need an attorney. You have a complete separate claim from the child that you can bring for yourself (through an attorney is recommended). At the very least, consult with personal injury attorneys to see what they can tell you.

A: Your stepson and you both have claims. Each of you will be able to recover from the defendant's insurer for your damages, up to the limit of the defendant's per person personal injury limits. There should not be a conflict between you and your stepson because you will not be competing for the same money. However, your ex-wife will be in charge of the step-son's claim and you will have nothing to do with it. This is not a do-it-yourself project, though. Talk to a knowledgeable attorney about your case, especially since you believe that it will trigger your underinsured motorist coverage.

A: Auto claims by their nature are separate and individual - while liability could be common for the occupants of a vehicle (barring liability issues involving their driver), each claimant has their own unique set of injuries. Good luck

A: Since the police report indicates the other driver was at fault and you and your stepson sought medical attention immediately after the accident, you have a basis for a personal injury claim. Given the circumstances, it may be advisable to file a joint insurance claim, providing comprehensive details of your injuries, medical treatment, and lost wages.

A: Under California law, in the event of a car accident where you and your stepson were injured, you both may have individual claims for your respective injuries and losses. Given that you are both affected parties, separate claims can be filed to ensure that each party's damages are adequately addressed.

Since you experienced significant injuries and lost wages, your claim would typically focus on these specific damages. Your stepson's claim, although less severe, would still be valid for his experienced discomfort and any medical evaluations he underwent.

The fact that you and your wife are separated should not impact the process of filing claims. However, if your stepson is a minor, your wife may need to be involved in the process concerning his claim, depending on custody arrangements and legal requirements.

Regarding the settlement allocation, it's important to communicate with your insurance company to understand how they handle multiple claims from a single incident. Insurance companies generally evaluate claims based on the individual damages and losses of each party.

If you're concerned about the fairness of the settlement distribution or need assistance navigating this process, you might consider consulting with an attorney who handles personal injury claims. They can provide guidance specific to your situation and help ensure your rights and interests are protected.