I was hit by an uninsured motorist and it’s been determined he was at fault. My 10 year old son was with me and has since developed a lingering, severe anxiety disorder. My injuries were physical and I’ve had a number of procedures on my neck totaling over $60k.
Of course, I’m using my liability coverage against my own insurance company to claim compensation. My policy gives me UM coverage with a 100/300 limit so there’s only $100 k for each of us.
I have my medical records, bills, etc. ready to submit for myself but not for my son. I would like to be compensated for my own claim before working on his . The attorney representing Chubb (my insurance co.) stated adamantly that Chubb would want to handle both claims at the same time, but didn’t say they MUST handle them together. I feel strongly about submitting and closing my claim before moving on to my son’s. It’s very obvious they want to settle asap so I do have this in my favor.
My son’s claim is for emotional trauma and mine is for physical injury so I perceive them as separate claims.
Here is my question: Is there any rule or code preventing two UM claims from being handled one at a time or is the attorney just trying to intimidate me? Thank You!!
If it matters, I live in California.

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