Is he still liable???

[lookitsmary]

What is the name of your state? Florida
I was hit by a car while riding my bike. I was taken to the hospital via ambulance and had 5 broken bones four sprains and a swollen and bruised face. the injuries took 10 weeks to somewhat heal where I found that I need surgery for a torn cartlage and a torn rotator cuff. My Dr. bills are already 20k + and he as well as I only have state required 10/20 coverage. My insurance has been paid out (10k paid) his insurance is sending the 10k but I am still in pain everyday, and I need the surgeries. What I need to know is if I take his 10k can i then sue him for the rest. I do not want to make a bank account off this I just want to be back to where I was when he hit me. Is he still liable even though my injuries that he caused supersede his insurance coverage? or am I S.O.L??? (sh-- out of luck) i forgot to mention the driver of the car did get a ticket for the accident.

 

[InsuranceLadyAZ]

What is the name of your state? Florida
I was hit by a car while riding my bike. I was taken to the hospital via ambulance and had 5 broken bones four sprains and a swollen and bruised face. the injuries took 10 weeks to somewhat heal where I found that I need surgery for a torn cartlage and a torn rotator cuff. My Dr. bills are already 20k + and he as well as I only have state required 10/20 coverage. My insurance has been paid out (10k paid) his insurance is sending the 10k but I am still in pain everyday, and I need the surgeries. What I need to know is if I take his 10k can i then sue him for the rest. I do not want to make a bank account off this I just want to be back to where I was when he hit me. Is he still liable even though my injuries that he caused supersede his insurance coverage? or am I S.O.L??? (sh-- out of luck) i forgot to mention the driver of the car did get a ticket for the accident.

You are SOL if he has no other assets, which is good bet considering he was carrying minimum coverage. However, you can sue him for your damages above the policy limit. You just may not collect anything.

 

[lookitsmary]

You are SOL if he has no other assets, which is good bet considering he was carrying minimum coverage. However, you can sue him for your damages above the policy limit. You just may not collect anything.

Thank you...... I think it is time someone got a hold of whoever is in charge of the state limits and they need to be raised. He, via public record, shows no attachable assets but he owns a home in one of the best parts of town. I have that type of insurance too (shame on me) but when you go for your insurance you are thinking of your wallet every month not "IF" you hurt or hit someone. I can afford better insurance but unfortunately I like to many of us in this world chose to do only what is required. I feel like an idiot. I am injured for life and there is nothing I can do about it. How Fustrating......