What is the insurance company liable for?

[nhoward]

What is the name of your state? Kentucky

I have a question...
My husband was riding his motorcycle & was hit by a guy in a car. The driver of the car admitted fault to the police. My husband suffered a pretty severe injury to his knee & now needs surgery. He will be out from work for three to four months recovering & we are a single income family. When he talked to our personal injury lawyer today, the lawyer told him that the amount we could get from the other driver's insurance company was limited to the amount of coverage the driver has which probably would not cover the past lost wages from right after the accident, the current medical bills my husband has accumulated, the needed surgery & the future lost wages from recovering from the surgery. This doesn't seem right to us. He really needs the surgery but there is no way we could pay for it. Are we entitled to more than our lawyer states? Should we look for a better lawyer?
N

 

[FlyingRon]

The insurance company will only pay out to the policy limits. Some people are under insured.
Your insurance may have more coverage, did you talk to them.

Yes, the other driver is liable, but he probably doesn't have the money to pay out more than the insurance limit (that's why people have insurance to begin with).

 

[fcobarr]

Do you know the other guys limits, or is your attorney assuming he doesn't have enough?

In a nutshell...your husband will sue the other guy, his insurance will attempt to settle, if your husband doesn't accept the settlement offer and the case goes to trial, even if your husband is awarded a greater judgement than what the other guy is covered for, the insurance will only pay up to his policy limit. If the other guy has no assets you won't get more than that from them. There may be additional coverage available under your own policy, unless, your husband had very low coverage on his motorcycle policy.

Your attorney will also have fees, etc. So, make sure you take all factors into account when making your decisions. Also, this whole process takes time. Be prepared to wait.

Your health insurance may help pay, but may need to be reimbused out of settlement funds.

 

[JennyP410]

So sorry to hear of your accident. My husband and I were in a bike accident this year, also. I had several pelvic fractures and other injuries.

Just from my experience:

Your health insurance may not pay because the accident was the other person's fault. Mine has refused. I am currently paying all med bills - I have no other choice.

In our case, the other person's insurance company doesn't want to settle until I am finished with treatment and released by the doctor. So no money for a while.

The hospital may allow a "lien" which would essentially mean they hold off on billing you until you receive a settlement. The hospital I am dealing with didn't inform me of that, and it had to be requested within 60 days. So don't waste time in asking.

In Georgia, there is a victim's fund that will sometimes pay you for lost wages. But it has to be actual wages, not vacation or sick time. Does your state have anything like this?

 

[ecmst12]

Your health insurance should pay if all available auto insurance coverage is *exhausted*. Jenny hasn't settled yet, so the auto coverage is still available.