Medical bills surpass at fault driver's insurance coverage limits?

by Carol

I was riding my motorcycle when I was hit in an intersection - a driver decided to make a left turn right into me. I was severely injured and now have over 60 thousand dollars in medical, physical therapy and surgical bills. The driver who hit me only has 50 thousand in liability insurance coverage, I have 100 thousand in coverage.

Who is responsible for my lost wages, pain and suffering and total loss of motorcycle? Can I sue for more money from her insurance company or from her personally if her insurance won't cover all of my damages? How would I go about doing this? Thanks for the info.

Visitor Question:
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ANSWER for "Medical bills surpass at fault driver's insurance coverage limits?":

Carol (Pennsylvania):

Your question implies your injury claim with the negligent driver hasn't settled yet. The only way you will have any realistic chance of having the negligent driver's insurance company pay the policy limits of $60,000 dollars is to retain an experienced personal injury attorney.

Your case is too serious not to have an attorney. There is no doubt the negligent driver is responsible for your damages, including all your property damage, medical and\or chiropractic bills, your out of pocket expenses for prescription and over the counter medications, crutches, etc, your lost wages, and for your pain and suffering.

If the driver's insurance won't cover your damages, you have a legal right to pursue him personally in an effort to levy on his assets.

Your facts seem to indicate you have $100,000.00 in Uninsured/Underinsured coverage. With the help of an attorney, you can pursue your own insurance company for the difference between the driver's $60,000.00 in insurance and the additional amount necessary to pay for your damages. Uninsured/Underinsured insurance also covers pain and suffering.

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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