My wife was rear ended into oncoming traffic. Totaled all three cars involved. No one else was seriously injured except my wife. Two surgeries and a week at the hospital racked up $269k. The at-fault party’s insurance company is limited at $50k for coverage. We have $50k in UIM through our insurance provider. Is the remaining $169k left to us and our medical insurance provider?
Is there any way to get insurance companies to exceed their policy limits? Especially the at-fault party’s insurance company? Is it worth suing the individual at fault, even if they don’t really have any assets?
Posted by PoorMansEngineer
8 Comments
There is no way to get the other company to pay more than the limits of the policy. I am sorry for your situation.
You could go after the person responsible in excess of their limits. Income could be garnished, stock portfolio, any assets with cash value that isn’t necessary for the other party to have, etc.
I’m really sorry that you’re in this situation. You’re not going to be able to get more than policy limits. The limit is the limit. Is it worth suing somebody with no assets? I can’t comment on that as that’s more in the venue of legal advice than insurance advice.
Do you not have health insurance?
Yeah, your health insurance is on the hook for at least $169k. The 50 UIM is yours alone. The 50 bodily injury can be split, even if your wife gets the lion’s share of the $50k. So any yearly maximum deductible or whatever your policy includes will take some that before your insurance takes over. But at least those oops “should” be handled. But it will definitely be BI>UIM>Health insurance
Suing would be like trying to get blood from a stone and would forgo the UIM as well until the suit is settled. (since it typically will not pay until the BI is paid out it’s full limits)
A family member of mine. $1.4M in medical bills. Was hit by a driver while he was ridding his bike. The driver didn’t have a pot to piss in. No assets. Nothing to sue for.
I’m sorry you’re going through this. I hope you all are feeling better. 💕
hope your wife is okay!! what a scary situation.. may i ask if you communicated with the other party’s insurance yourself or did you retain a lawyer?
i’m in the situation of having medical bills from an accident that was not my fault but navigating my pip/other party’s insurance/subrogation is intimidating. if you did things yourself, would you be able to share your resources?