Car Accident – Jaw Fracture – Liability and UM from the Same Policy
A teenager suffered a severe jaw fracture requiring reconstructive surgery as a result of a severe collision at an intersection. The teenager was a passenger. Both drivers in the collision shared some degree of comparative fault for the collision. Policy limits were offered by both insurance companies to resolve the matter. Notwithstanding the offer of policy limits, additional funds were available in the form of uninsured motorist’s coverage from the policy covering the vehicle that the teenager was riding in as a passenger. A lawsuit was filed and the insurance company conceded the UM coverage due under the policy because UM coverage and liability coverage on the same policy can be paid in some circumstances when there is comparative fault.