My daughter was an accident and was seriously injured. The driver of the car she was riding in was at fault and has a $100k liability policy. I have a $300k underinsured motorist policy and will be able to use up to $200k of that for her medical expenses, etc. She is a junior in college and had to withdraw for the semester which will cost about $6k and then will have to go an extra semester which will cost about $9k. If her medical expenses do not exceed the $300k am I able to get reimbursed for her college expenses from that underinsured motorist policy? Can other expenses incurred come from whatever amount is available after medical expenses? I estimate her medical expenses will be about $225k. Thanks.

What State?

Has your insurance company given you a statement in writing that he was underinsured and has your company agreed to pay your umbrella?

Or are you wondering what happens next?

Generally, any expenses incurred that were a direct result of the accident should be covered.

Yes it should be covered, but you may have to file a law suit against them in order for it to be accepted as a claim.

Ok. Lets summarize.

Medical Expenses - $225 K
Tuition expenses - $15 K
Total losses... $240 K

Driver's policy - $100 K
Uninsured motorist policy -$200 K
Total insurance... $300 K

If your uninsured motorist policy also covers under-insured motorists, possibly it would act as an umbrella.

Please explain how you are only able to use $200 K of a $300 K policy?

I am unclear about exactly how you figure the tuition expenses. The tuition for the current semester has been paid, but she won't get any academic credit for the work she did this semester? Ok, so she will have to pay more tuition next semester. I don't think she can be reimbursed for both: that would be double recovery.

Thanks for the answers and I'll clarify a little. My policy does cover underinsured motorists but since the total is $300k and the driver's liability policy is $100k they are not "stackable" so the TOTAL coverage will be $300k not $400k. We've paid about $9k for tuition this fall and she will not receive any credit but they will refund about $2k. She will have to attend one more semester next fall to graduate so I see how I couldn't collect for tuition then if I get reimbursed for this semester. But it was my understanding that "pain & suffering" could be collected from the underinsured motorist policy. Since she was supposed to finish school after 2 classes next summer (a year early anyway) wouldn't the fact that she now has to attend an extra semester count for something. She had plans to travel and then start an internship in NYC next fall. Hope this helps explain my thinking.

With those high totals involved I would consult with a good personal injury attorney to be sure your daughter gets all the benefis from your policy. Don't expect the insurance companies to play ball with you and give you all the money you think your daughter is entitled to, because they won't. Ask your attorney these questions.

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Originally Posted by lmryan1014

... But it was my understanding that "pain & suffering" could be collected from the underinsured motorist policy. Since she was supposed to finish school after 2 classes next summer (a year early anyway) wouldn't the fact that she now has to attend an extra semester count for something. She had plans to travel and then start an internship in NYC next fall. Hope this helps explain my thinking.

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You could ask for it, but I really don't see that the disappointment, suffered by perhaps not being able to travel as she had planned, amounts to sufficient "pain an suffering" to qualify for compensation.

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Originally Posted by lmryan1014

... Hope this helps explain my thinking.

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Yes, it does. Thanks.

Pain and suffering are from actual injuries like a broken leg, etc. Also, to recoup pain and suffering monies usually entails a lawsuit.

Thanks for all the advice. I guess the "pain & suffering" will be solely related to the actual pain and suffering she is undergoing now related to the multiple pelvic fractures that were repaired with 3 plates and 16 screws and the 3 months of not being able to bear weight on her right leg and all the PT and rehab she'll have to go through. I will definitely contact an attorney. It should be a Maryland attorney since that is where my auto policy originates, correct?

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Originally Posted by lmryan1014

... It should be a Maryland attorney since that is where my auto policy originates, correct?

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No, it should be an attorney in the jurisdiction where you would, should you have to, file a lawsuit. That would normally be where the accident occurred.

Any attorney worth his or her salt should be able to help you.