My Damages are More than his $50,000 Insurance Limits...

by Bic

We had a 70 some year old man hit us from behind. I hit the door pretty hard and then turned around quickly to see if my kids were okay. I have had one surgery on my shoulder and now another one due in a month. His insurance says that I have used up his allotted amount for medical bills and there nothing left for a settlement.

They say that he had $50,000 coverage for medical and that there is no money remaining. I feel that with all the pain and suffering I have gone through I deserve something. How can I get more?

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 "My Damages are More than his $50,000 Insurance Limits...":

In cases such as this where surgery is required, policy limits are often insufficient to meet the needs of the injured parties. There are a few things you can do:

1. Negotiate your medical bills. Most billing departments are authorized to accept as much as 50%+ off the original bills.

2. Require the insurance adjuster to prove the policy limits by sending you the insurance declaration page of the party at fault. While they may say it is $50,000.00, you want proof.

3. See if your insurance provides an under-insured provision to cover the balance.

4. Seek compensation from him personally. Prior to doing so, you may want to have someone do a cursory asset search to determine whether this is viable, but what many do not realize is that you can seek recovery from a party personally when their insurance is insufficient to cover your losses.

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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