Hello, my girlfriend was involved in a multi vehicle car accident. The car value portion has been settled and now we proceed onto the personal injury portion. The person behind was deemed 100% at fault. She(my girlfriend) has completed her therapy and was released because they deemed that more treatment couldn’t help any further than what it had in the 5 month process. Now we have the MRI report and it states “The cervical ordosis is flattened”. Due to this she still has intense pain and headaches. We are thinking of trying another specialist and get their opinion. My question is the person has minimum liability coverage for California (15k per person). I believe continued specialist care will exceed the 15k limit, if it comes down to suing the individual, is the $15,000 guaranteed from the insurance company if damages are more? Or does the entire settlement become the at fault persons problem which they can they declare bankruptcy and avoid paying?
Question about proceeding with claim.
byu/Practical-Nature-926 inInsurance
Posted by Practical-Nature-926
2 Comments
Their insurance won’t pay a dime more than 15k. They can’t. That bucket is emptied at 15k. Someone who carries such low limits likely doesn’t have money to pay any judgement over the 15k insurance would pay.
What are the UIM limits in the car she was driving? In the even the at-fault vehicle exhausts their 15k, you may be eligible to dip into the UIMBI limits of your own carrier. Typically, you must discuss with your own carrier before settling with the at-fault carrier.