Insurance limit to claim

[NickF]

What is the name of your state? VA

Our attorney states that the auto insurance company we are making a claim against has set a limit that we pay out and we are to able to ask for more than that amount. Unsure if that is how insurance claims/law works. Can someone provide guidance. To provide case particulars at high speed my car struck a vehicle interring intersection causing me bodily injuries. Clearly determined I had the right of way. Thanks.

 

[Taxing Matters]

Every policy has a limit to the amount the insurer will pay out. The driver that hit you is liable to you for all the damages he or she caused if that driver was negligent even if your damages exceed the policy limits. If you get a judgment for more than the policy limits the insurer pays the policy limit and you have to get the rest from the other driver. Whether you'll collect obviously depends on what assets and income the other driver has.

 

[adjusterjack]

Virginia's mandatory auto liability insurance limits are:

Bodily injury/death of one person $25,000
Bodily injury/death of two or more persons $50,000
Prperty damage $20,000

If you were injured and the other driver's policy limit is $25,000 for injury per person that's all his insurance will pay you but that's not all you can demand. You can demand more and you can sue him for more. He will just have to pay the difference out of his own pocket if you want to go to trial and get a judgment. If you don't want to go to trial you can make a claim on your own policy's Underinsured Motorists Coverage but you will than have to prove to your own company that your claim is worth more just like you would have to prove it to the other insurance company if the driver had higher limits.

Same with property damage. If your car was worth more than $20,000 and totaled, you could also sue for more, or just have your own collision coverage pay for it.

 

[NickF]

That does explain very well. Thanks for making the time to reply.

 

[Just Blue]

@whitedotqe Not only did you post to a long dead thread but you plagiarized another members comments. Bad form on both counts. Your post has been reported.

 

[Just Blue]

This thread is a year old. Spam was reported.