Can you exceed liability limits?

[werdun]

What is the name of your state? Michigan

My daughter was the victim of a serious injury auto accident, broken bones, surgery, pins & plates, but expected to heal fully with therapy. Our insurance company is taking care of all medical. The other driver was 100% at fault (ran a red light at high speed). We consulted a personal injury attorney who is at the point of settlement now, claiming the maximum my daughter is entitled to collect for personal injury is $100,000 which is the maximum liability amount on the other driver's auto policy. In a "no-fault state" can you exceed the liability limit amount or is our attorney going the easy route of avoiding a trial and simply taking his cut from this amount? Please let me know. Thx.

 

[enjay]

You can sue the other driver for more, but if he has no assets you'll never collect. The whole a bird in hand is worth two in the bush thing.

 

[ecmst12]

If she's expected to heal fully with therapy, I can't imagine the lawyer thinks her case could be worth more then $100k.

 

[Meatcutter]

If she's expected to heal fully with therapy, I can't imagine the lawyer thinks her case could be worth more then $100k.

Have to agree with this. Little information but $100K may be enough.

But as stated, you can sue the other person for any amount you want and see what a jury will give you. Then you have to hope the other person has a way to pay over their limits. They may have an excess policy (or umbrella) that may provide addl coverage but don't count on it.

Another option is to file a Underinsured Motorist Claim with your insurance company, if you believe the $100K is not enough to compensate your daughter. Most states don't allow an increase in premiums when a UIM claim is paid and if you have UIM coverage you might as well use it (after all, your paying for it).

Just a suggestion.