Treatment for injuries costs more than at-fault driver's policy limits?

by Jerry
(Forest City, NC)

My wife was in a motorcycle accident. We came around a curve and a truck was in our lane coming right at us. She went down in an attempt to dodge the truck. She has needed two surgeries for her injuries.

If the truck driver's liability limit is $50,000, is that all my wife can get? I think her medical bills alone are going to be more than that. What about her lost time from work, and the money we have paid out-of-pocket for medicine? We do have uninsured/underinsured on our policy. Thanks for any info you can give.

Visitor Question:
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ANSWER for "Treatment for injuries costs more than at-fault driver's policy limits?":

Jerry (Forest City, NC):

Presuming the truck driver was solely negligent for the accident, and was working at the time, your wife has the basis of a civil personal injury and property damage claim against the driver AND his or her employer.

While the truck driver's negligence appears to be the sole cause of the accident, your wife would be well-served by securing a copy of the police report. The police report will likely confirm the non-existence of any comparative negligence on the part of your wife.

From the facts you present, your wife has a right to compensation for her medical and therapy bills, her out-of-pocket expenses (for medications, bandages, crutches, etc.), all of her lost wages, and an additional amount for her pain and suffering.

Moreover, if, as a result of the crash your wife was unable to share personal intimacy with you, she may have an additional claim for "loss of consortium."

After exhausting the truck driver's insurance and your underinsured coverage, your wife may be able to sue the driver personally. If, at the time of the crash the truck driver was engaged in his or her customary work duties for his or her employer, your wife can also seek compensation from the employer.

You should really speak to an attorney for a case like this, it's quite serious.

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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TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION