My medical bills and back wages are going to total more than insurance coverage

[mossy5360]

What is the name of your state?What is the name of your state? IL

I was involved in an accident almost a year ago, The driver of the other car pulled out in front of me and I hit her at 60 mph, almost head on. She was ticketed and her insurance company has claimed all responsibility. My knees were jammed into the dashboard and to date Ive had surgery done on both knees and will require total knee replacement next. My question is her coverage amount is 100,000, my medical bills and lost wages so far total 50,000 and I am still under a doctors care. Knee replacement surgery is going to be around 40,000. This almost maxes out her coverage and I wont get pain and suffering or any further wages owed. I was released from my job as well. At the time of the accident, the vehicle I was driving was borrowed and uninsured, so I cant go against my policy for any coverage. Are there any laws to help me get more money when the policy is maxed out?

 

[stephenk]

if you accept the $100k you will be required to release the other driver from any further claims. That's what happens when you drive without insurance coverage on your own. if you had a similar policy you may have been able to make an underinsured motorist claim on your policy.

 

[Raisinette]

if you accept the $100k you will be required to release the other driver from any further claims. That's what happens when you drive without insurance coverage on your own. if you had a similar policy you may have been able to make an underinsured motorist claim on your policy.

And the alternative would be, if there is reason to think the liable party has accessible assets, to obtain a lawyer and file suit. The court system of civil action are "the laws" that might help you, mossy. You would want to consult a good trial lawyer, and that would not be anyone who advertises on TV.

 

[mossy5360]

Thanks for your responses. I didnt know at the time of the accident the vehicle I borrowed was uninsured and my policy wouldnt cover it. Im not sure what her assets are, I just dont want to hire an attorney if I would only get 100,000 anyway and then have to give them 33 or more percent. Are there not an legal ways to go after the insurance company for any further charges??

 

[Raisinette]

Thanks for your responses. I didnt know at the time of the accident the vehicle I borrowed was uninsured and my policy wouldnt cover it. Im not sure what her assets are, I just dont want to hire an attorney if I would only get 100,000 anyway and then have to give them 33 or more percent. Are there not an legal ways to go after the insurance company for any further charges??

Sigh. No. It isn't "the insurance company" who owes you money cuz they done you wrong. They will pay what their policyholder owes up to the limits of her coverage with them.

And you are correct to do the math re: attorney. It will be a calculation of the value of your claim & the value of the liable party's assets against the chances of award & recovery.

 

[mossy5360]

thanks for the help