Visitor Question

Medical Bills, Pain and Suffering Exceed the At-Fault Driver’s Insurance Limits…

Submitted 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.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Mike,

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.

Learn more here: Texas Car Accident Guide

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.

Find a local attorney to give you a free case review here, or call 888-972-0892.

We wish you the best with your claim,


One comment on “Medical Bills, Pain and Suffering Exceed the At-Fault Driver’s Insurance Limits…

  1. Anonymous says:

    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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