QUESTION
Can you Sue an Auto Insurnce Company or person beyond what the Policy Holder has in accident coverage? Person at fault only covers $25000 min.
Asked on Jul 14th, 2012 on Automobile Accidents - Louisiana
More details to this question:
Wife was is car accident this year. SInce the accident, she has accumilated over $7000 in medical bills and will be over $10,000 factoring in future doctor appointments and test. So far, the $7000 spent hasn''t even found what is wrong with her. Right now they believe she has nerve damage to her back that may be perminate. It is causing her muscles in her back to deteriorate. Has constant muscle spasms in the region where the injury occured. Doctors have told her until they find out what nerves were in damaged they can''t come up with a solution to stop the pain. Which means, more medical bills to come. ALso, she is currently going through school and can not take off or will be kicked out of program. We are worried the injury will affect her future in her job. That would mean a loss of $140,00 for schooling and a loss of all future wages. Will be starting out at $130,000 a year. Obviously, the insurance plan does not cover those loses if the situaton would occur.
1 ANSWER
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John Bisnar
You can sue someone for more than their policy limits.
You can not sue the auto insurance company. They are not liable to you. Their obligation is to protect their insured. They have no real duty to you.
Back to suing the at-fault driver. The real question is, “If you successfully sued the at-fault driver, are you likely to collect from him/her?” Usually the answer is no, you can’t reasonably collect. They can file bankruptcy right up until the time you attempt to collect. Going through a trial to get a judgment is not an easy task and it is expensive, even in a clear liability situation.
You can not collect the $25,000 and then sue. Once you collect the insurance proceeds you have waived all other claims against the at-fault driver.
The last time I checked, Louisiana had one of the shortest time periods in which to bring a personal injury lawsuit, one year from the date of the injury. You need to discuss this matter with a very experienced and reputable Louisiana car accident attorney to determine what is in your best interest.
John Bisnar
Bisnar|Chase, Car Accident Attorneys California
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Answered on Jul 15th, 2012 at 3:28 PM