Q: If my settlement is for wrongful death can they take the amount from the at fault driver I received?

A: If your parents are deceased, and you are making a claim for their insurance, it’s an underinsured motorist claim. Ask the insurance adjuster with whom you are dealing so you can confirm. You shouldn’t be doing this by yourself. First, you are acting as an attorney for your sister. That’s illegal. Second, you don’t know what you are doing. Call an attorney to get some details about your potential claim.

A: I'm deeply sorry about the loss of your parents - such heartbreak is unimaginable, and it's completely understandable that you want to ensure justice and fair compensation.

Let me help clarify the insurance situation. When a driver is considered "underinsured," it means their insurance policy limits aren't enough to fully cover the damages they caused. In California, the minimum required liability coverage is quite low, which often leads to situations where the at-fault driver's insurance isn't sufficient to cover serious accidents or wrongful death claims. That's why your own parents' insurance policy might have underinsured motorist coverage to help make up the difference.

However, you raise valid concerns about the settlement distribution and the handling of the accident investigation. The fact that the at-fault driver received the same amount as you and wasn't tested for impairment deserves scrutiny. Since you've parted ways with your previous lawyer, you might benefit from consulting with another attorney who can review the settlement details and advise whether the insurance company's actions are appropriate under California law. When speaking with the insurance company, request written documentation explaining their legal basis for any deductions from your settlement, and keep detailed records of all communications.