Medical Bills, Pain and Suffering Exceed the At-Fault Driver's Insurance Limits...

by Mike
(Eastland, Texas)

I was in an auto accident and the other party was at fault. The accident resulted in myself having a torn rotator cuff and muscle in right shoulder, also two discs in my neck were herniated.

Medical bills for both surgeries are estimated at $58,000 and lost wages at $36,000. I was told the other driver's insurance was set at $100,000. Is this all that I'm are entitled to?

The $94,000 total I listed above does not even include any pain and suffering or future rehabilitation. Can the claim go over $100,000 or is this the max allowed according to her policy? Thanks.

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ANSWER for "Medical Bills, Pain and Suffering Exceed the At-Fault Driver's Insurance Limits...":

The insurance policy limits are the first place to start, but with injuries such as yours, it is clear that $100k will be insufficient to meet the needs created by this accident.

As a second option, you may wish to sue the driver personally. You would only want to do this, however if the driver (insured) has assets such as a home, income, etc. Otherwise, you would sue, possibly obtain a judgment and have noting to attach.

Be advised, however that if you sign a release for the insurance proceeds, it may limit your recovery from any other source which would preclude filing a suit.

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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Comments for Medical Bills, Pain and Suffering Exceed the At-Fault Driver's Insurance Limits...

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Medical Bills that exceeds Pain and Suffering...
by: Anonymous

Would it be possible to sue that at-fault party UM (underinsured motorist) if it is applicable in this scenario? So by them only having $100,000, can they sue the other other driver UM or their own UM coverage?

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