insurance is not enough to cover medical bill

[doudou4]

What is the name of your state? South Carolina.

A week ago, my girl friend drove my car under my consent. She mis-judged the speed of a scooter at the intersection and hit it. The driver was sent to hospital for surgery on his leg and stayed in hospital for one week already. The doctor in the hospital said that he will be fine after surgery and will be discharged after one more week.

The driver was drunk, no helmet, although the fault is most at my girl friend since she has a stop sign.

The driver doesn't have insurance. My girlfriend will be covered under my insurance. I have a comprehensive insurance, but the bodily injury coverage is only 20,000 per person and 40,000 per case. Most likely, it is not enough to cover the driver's medical bill, pain and suffer, salary loss, etc.

I never had an accident experience, so I don't have much clue of what I will be facing down the road.
My insurance company is now investigating the whole thing, but I want to get some advice from the forum and prepare for the worse.

My major questions are:
Will my girl friend be sued by the scooter driver if my insurance is not enough to cover his bill? If I get a lawyer of my own to work on the case, will my insurance company still be responsible for the amount I am insured for?
Will my girl friend need to pay for the debt forever until paid off? When we get married, can we still buy a house together with the debt installment or we have to pay the debt first before owning any property?
Any state funds/Medicare in South Carolina can cover the medical bills for this guy?
What are other consequences/damages?

Any advices are highly appeciated .

Thansk a lot

 

[JustAPal00]

Did she stop for the stop sign? Was the scooter traveling in the travel lane or on the shoulder? Google your states DUI laws, the scooter driver might be considered partially at fault just for being drunk. The helmet issue doesn't really affect the accident because his head wasn't injured, although he should get a ticket if they are required. If your girlfriend is ruled at fault and your insurance isn't enough to cover the debt she could be sued. You can still buy a house together, but if she has a judgement against her you might have to rely on just your income to qualify for the loan. You can put both names on the deed, but make sure you are married and things look good because you will be responsable for paying for a house that you both own.

 

[moburkes]

If your girlfriend has insurance, and it appears that your insurance will not be enough, then notify her insurance company (like ASAP). Now you understand why state minimum coverage, while enough to get you legal, is not enough coverage.

 

[Betty]

Does your girl friend also have ins. - you didn't really say -- just that she will be covered under your ins.

 

[doudou4]

thanks so much

Thanks so much for the answers.
Yes, I now realize the min requirement is far less than enough. I should have gotten a higher coverage instead of the comprehensive, but...
She doesn't have her own insurance, so she has to use my insurance to cover the damage.
The main road which the scooter driver is on has two lanes. Her road has two lanes as well. She did stop for the stop sign. However, she mis-judged the speed and the driver of scooter hit the car around headlight when the car is half passed the road. Those evidences don't sound really optimistics for us.
if the medical cost turns out to be more than we can afford now, what options do we have?

Thanks a bunch.

 

[Betty]

If your ins. isn't enough, you as owner of the car might very well be sued for the "debt."

 

[metsfan12]

Unfortunately what Betty said is true, I hope it doesnt come to this but i've been told by my insurance company the other party can seek to recover damages from the driver, the ownder of the car or the person the insurance is under. Yea, depending on what state you are in I think if you are involved in an accident and you are found to be drunk you are partially responsible, doesn't even have to be your fault. I hope everything works out for you though and the guy recovers soon

 

[ecmst12]

The fact that he was DUI will certainly mitigate her responsibility for the accident. If there is a mandatory helmet law in your state, that will also put some of the blame on the scooter driver. For now, I think you should let your insurance handle it. They will make those same arguments and will make the other driver sign a release before paying anything. If they cannot settle and a lawsuit becomes a possibility, they will warn you and you can get your own lawyer at that time. But it's not likely.