If cost FOR INJURY IN AUTO ACCIDENT WAS MORE THAN POLICY LIMITS, CAN I GET REIMBURSED FOR EXPENSES?
Friday, November 20th, 2009 at
12:21 am
i was rearended, the guy only had liability insurance. bodily INJURY WAS MORE THAN POLICY LIMITS. MY AUTO INSURANCE EXHAUSTED PIP LIMITS. I HAD TO HAVE AN ANTERIOR CERVICAL FUSION. DOES THIS ALL GET PAID FOR AS WELL AS REIMBURSEMENT FOR MISSED WORK, AND OUT OF POCKET EXPENSES AND VEHICLE DAMAGES AND PAIN/SUFFERING/INCONVENIENCE?
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Filed under: New York Herniated Disc Lawyer
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If you have underinsured motorist coverage, that will kick in from your insurance company up to the limits. If you don’t have it, it’s too late for you now but you should consider it in the future. It’s cheap.
To recover any further damages you will have to sue him directly. You should consult with an attorney to see if this is worth trying. An attorney can ascertain if he has any assets worth going after to satisfy a judgement. If he’s a typical working stiff with no assets and living in an apartment, it might not be worth going after him. If he lives in Texas, you can’t go after his home if it’s his homestead, even if he lives in a palace.
If you have health insurance, they will pay whatever the other drivers auto insurance doesn’t cover, and will also go after him for the uninsured loss. This will save you the hassle of suing him. This won’t cover pain and suffering or lost wages, however.
If you have any disability coverage from your employer that may cover part of the lost wages.
Yes. You have to sue the guy directly to get more than the insurance money. Make sure he has $$ before you go after him. You can get $$ foreverything except inconvenience. First ask him to pay. If he won’t, get a lawyer.