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Infolawyer, Attorney
Category: Personal Injury Law
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Experience:  Licensed attorney helping individuals and businesses.
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My 95-year-old aunt was killed in 2015 when she was struck

Customer Question

My 95-year-old aunt was killed in 2015 when she was struck by a car while she was walking. The driver was carrying minimum liability insurance that paid only a $15,000 total benefit. My aunt was carrying uninsured/underinsured driver insurance on her auto policy with a much larger policy limit.
My understanding is that if we (my aunt’s estate) were to file a claim to recover more money from her underinsured motorist coverage, her insurance would pay whatever amount we settle on with them, and then they, in turn, would sue the driver personally for reimbursement.
My question is: How much could we expect to receive from my aunt’s insurance considering that she was 95 years old and had not worked for many years?
Also, would my aunt’s health insurance company and/or Medicare likely file a subrogation lien on any payout from the underinsured motorist insurance to recover its payout for hospital expenses? Thank you.
Submitted: 9 months ago.
Category: Personal Injury Law
Expert:  LawTalk replied 9 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a CA licensed attorney for more than 3 decades. I have handled more than 3000 personal injury/death cases in my career.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. It is not practical to attempt to evaluate a case value without a thorough discussion---and that cannot be had through back and forth writing. In other words, what you are asking for is all but impossible to respond to adequately in this written format, and in my experience is only practical to approach in a phone conversation.

If you are interested, for a reasonable charge I can offer you a phone conference as opposed to continuing in this question and answer thread. If you are not interested just let me know and I will be happy to opt out of the question.