Defendent's Full Coverage Amount

by Randall
(New Boston, Texas)

I was injured while riding in the back seat of auto that was rear-ended on freeway. I have had two left shoulder surgeries from holding onto the handle above my head resulting in, so far, around $75,000 just in medical bills not to mention pain, lost wages, travel expenses and so forth.

Their full coverage insurance liability is only the minimal $25,000. What are my options for a fair settlement to me and to cover all medical bills I am receiving at home that have not been paid? Will this destroy my credit rating? (Currently I have a lien filed at courthouse from unpaid medical bills.)

Please help me to understand what the other insurance company's responsibilities are. They have already settled with the owner of the vehicle I was riding in.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Defendent's Full Coverage Amount":

The other insurance company is only responsible to pay whatever the policy limits are. Unfortunately, states set a minimum required amount of insurance and if the owner of the car you were in didn't have more insurance, then you cannot collect any more from them.

However, you can go after the owner/operator (through their insurance company) of the car that struck you. Also, you can negotiate with the doctors offices, medical facilities, hospitals, etc. to see if they will accept less. They frequently will. Explain the insurance limits involved and the total amount owed (if there is more than one facility involved).

If you have a judgment against you it will effect your credit rating. Whatever you do, do not ignore any notices or court papers. This will result in a default judgment against you for the full amount of what is owed plus interest.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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