Prior to the accident, Sarah separated from her husband, Cliff. She and Cliff have two children. After the separation, which was over a year ago, Sarah and their children moved in with Sarah's mother, at her mother's home. The move was intended to be temporary. However, Cliff started dating another woman who has been living with Cliff in the marital home. Sarah also has a boyfriend. Sarah and the children have their own bedrooms at her mother's home. However, Sarah is still receiving mail at the marital home and has not changed her address on her driver's license or her voter's registration from the martial home to her mother's address. The couple has not filed for divorce as they have been considering reconciliation. A temporary custody and parenting time order for the children has been entered with the Court, which gives legal custody to both parents and physical custody to Sarah with Cliff having visitation every other weekend. The children are still attending school where they attended prior to the separation and move and still have bedrooms at the marital home.
 

While driving the children to school, Sarah was involved in an accident when another vehicle ran a red light and t-boned the vehicle Sarah was driving. Sarah does not own a vehicle. Sarah is not a named insured under a policy of insurance. At the time of the accident, Sarah was driving her mother's vehicle, which is insured through Allstate. Both Sarah and the children were injured in the accident. Sarah's husband owns a vehicle, which he insures through State Farm.

At the time of the accident, Sarah was working as a waitress. Since the accident, she has not returned to work even though her doctor released her to return to work. Sarah's mother is now driving the children to school as well as cooking for Sarah and the children and doing their laundry. Sarah's boyfriend is cutting the lawn at her mother's home.

1. What potential claims does Sarah have? What potential claims do the children have? If you feel you need additional information to evaluate the claims, please explain what additional information you feel you need.
2. Who has priority for payment of Sarah's PIP benefits? Please explain your answer.
3. Who has priority for payment of the children's PIP benefits? Please explain your answer.

Answer rating: 100% (QA)

Potential Claims Sarah Bodily Injury Claim Sarah can likely file a bodily injury claim against the driver who caused the accident through their insurance company the atfault drivers insurance This cla... View the full answer