QUESTION

Can I get a larger amount than what the insurance is supposed to give me?

Asked on Oct 25th, 2013 on Automobile Accidents - Ohio
More details to this question:
I got hit by car and the driver only had $25,000 worth of liability so I used my insurance which is $50,000 in liability. am I entitled to the whole $75,000 and my insurance go after the driver who hit me? Also, am I able to sue the driver personally and release his insurance after they pay. I may still have health problems after its all over. I was told that I will only receive the $50,000 from my insurance and the $25,000 from his insurance will go to my insurance and that don't sound right after medical bills and lawyer fee that don't leave much for what I have been through. I need advice or help.
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7 ANSWERS

William M Stoddard
You cannot stack his liability with yours. You can stack his liability with your underinsured, which might be in the same amount as your liability. The point is that is the most you can recover. As for what your injury is worth, I cannot judge from what you have written if your injury justifies a total coverage of both policies payment. The two companies will examine the evidence and make that determination. Unfortunately they are usually about 15% low on what they think it is worth as compared to reality. The question is whether you feel a need to dispute their offers once you have them for the extra amount owed.
Answered on Oct 29th, 2013 at 8:40 PM

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James Eugene Hasser
Your liability coverage would not kick in, but your uninsured motorist might if you exhaust the other driver's policy and your injuries justify it. There is also the possibility you may be able to stack coverage's to get more money. Talk to your lawyer about all this and get him or her to explain it to you. That's part of what you got a lawyer for.
Answered on Oct 29th, 2013 at 8:40 PM

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Edwin K. Niles
As far as insurance goes, you are entitled to $50,000. In exchange, you will have to sign a release. If you want some from the other party, you will have to file a suit, and not sign a release. Dont do this without an asset search, as the other party may not have much in the way of net worth.
Answered on Oct 29th, 2013 at 8:40 PM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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The law of each state can vary, as can the terms of insurance policies, so there would have to be some research done as to the law in your State and you/an attorney would have to read the insurance policies/see the available coverages and limits, to definitively answer your question. However, if you are in Michigan per the ID info on the question, then it is most likely that if you can prove liability, and threshold damages, you would collect the entire $25k liability limit that you say the defendant's policy has in place. Typically your insurance will not pay anything toward liability of another motorist, but it is possible that you protected yourself from a low policy limit of an at fault motorist and purchased underinsured motorist coverage on your own motor vehicle insurance policy. It sounds like you did and it sounds like your limit of coverage was $50k. If this is so, then it is likely that you/your lawyer will need your insurance companies permission to settle the case against the @ fault driver, and then your UIM coverage would kick in. You'd need to read the terms of your UIM policy, but it is typical that such coverage says it will pay up to it's limit of liability ($50k in your case apparently) but will deduct/take a credit for any monies you recover from the at fault driver/owner ($25k in your case apparently). So it would likely be correct that you would receive a total of $50k, consisting of the entire limit of the at fault drivers policy (and you/your lawyer would need to confirm that $25k was indeed the limit, and confirm that there was no excess/umbrella coverage available, and confirm that there was no other owner of the vehicle/other available coverage, and satisfy yourself as to whether the at fault driver/owner were collectible, or not, over and above their policy limits) and the "overage" of $25k from your UIM coverage. You mention "medical bills" and in Michigan they would NOT be paid out of any 3rd party recovery against and at fault driver/owner, nor from any UIM coverage from your policy, they would/should be paid under your Michigan No Fault Personal Injury Protection (PIP) coverage. Since you mention "lawyer fees" it would seem that you should be consulting your lawyer about all this and it would seem your lawyer should be advising you of the above. If your question really is can you "stack" the $25k and the $50k, the likely answer is "no" for the reasons that these cases typically proceed as noted above - however, again, your lawyer should research the law/terms of the applicable policies and advise.
Answered on Oct 29th, 2013 at 8:40 PM

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You need to speak to your attorney in greater detail as he clearly has not enabled you to understand what is going on. You are collecting from your insurance under the underinsured liability coverage which provides that the total sum you will collect is no more $50,000. So any sum you get from the other driver reduces that $50,000. If it did not, then you would be able to collect more than the person where the other driver has a $50,100 policy (if one was written for that amount as you could not collect anything since the other driver was no longer uninsured). Try and see if your attorney will accept less; point out that if you had known the facts beforehand that there was only $50,000 total available, you could have settle with your insurance carrier directly and not need an attorney.
Answered on Oct 29th, 2013 at 8:40 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Get you a lawyer please. Your "liability" coverage does not pay you a dime/ that is why it is called "liability" coverage. Was the driver totally at fault and you not a wee bit? Bad injuries or just looking for a buck?
Answered on Oct 29th, 2013 at 8:40 PM

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Business Litigation Attorney serving Columbus, OH at E. Ray Critchett, LLC
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Your situation seems rather complicated and there are not enough facts to provide you with straight forward responses. You should schedule a free consultation with an attorney to review your case in detail so that accurate advice may be presented to you.
Answered on Oct 28th, 2013 at 12:51 AM

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