What is amt exceeds coverage?

[spinva]

What is the name of your state? Virginia

I was rear-ended several months ago and have since been under the care of multiple doctors including physical therapy, primary care doctor, a podietrist, and a neurologist. After 9 weeks of PT I have not improved and the neurolgist has administered a NCS (nerve conductor study) and an MRI becuase they suspect a bulged / herniated disk (still waiting on results).

I've retained a lawyer but am wondering what happens if the other drivers insurance does not cover the full amount of medical bills (currently being paid by my health provider) + pain / suffering + lawyers 1/3? Given how horrible I'm feeling I am beginning to wonder whether I'll ever get better and could have medical care and possible surgery.

Thanks!

[shortbus]

The lawyer's fee comes is deducted from your recovery -- it is not added on top.

If the injuries go over the coverage limits, you can look at filing a claim against your own insurance. You could also go after the other driver's personal assets, but in practice injury lawyers prefer not to do this.

[moburkes]

And, generally, your health insurance company will be reimbursed for what they paid out FIRST.

shortbus is referring to Underinsured motorist coverage, which will pay UP TO THE DIFFERENCE between the amount of coverage listed on your policy and the amount of coverage on the at fault party's insurance policy. If your coverages (their liability, your underinsured motorist coverage) are the same, or yours is lower, then there is nothing available there. You may also have medical expense coverage on your policy.