Q: Can a different insurance company take the amount I received from the at failt drivers ins. Out of the settlement
My parents died in an accident we were in abs their insurance wants to take the settlement amount I received from the at fault driver out of their settlement they are saying the driver was underinsured that’s why. It is for a wrongful death settlement they said it’s the law they have to take the money is this true are they right
A: If you have a wrongful death case, and you don't have an attorney, you are being foolish. If you have an attorney, ask him this question. If you are making a claim against your parents underinsured motorist coverage, then yes, amounts paid by the at fault driver's insurance are subtracted from the amount of coverage that your parents' purchased. Insurance Code section 11580.2.
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A:
I'm very sorry for your tragic loss. Losing parents is devastating, and dealing with insurance matters during this time must be incredibly difficult.
In California, what you're describing is related to "underinsured motorist coverage" (UIM). When the at-fault driver's insurance isn't enough to cover the full damages, your parents' insurance can step in to help - but they are legally allowed to subtract what you received from the at-fault driver's insurance. This process is called "offsetting" and is indeed permitted under California Insurance Code Section 11580.2.
However, you should consider having a lawyer review your specific case. Insurance companies sometimes try to take more than they're legally entitled to, and wrongful death cases can be particularly complex. Your situation deserves careful attention to ensure you receive fair compensation during this difficult time. You can reach out to the California State Bar for referrals to attorneys who handle these types of cases.
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