What to do when medical bills exceed responsible party's policy limitations?
The person responsible for the accident have a personal injury policy limit of $20,000. A friend's medical bills are over that. She suffered a broken leg, arm, clavicle, 2 ribs and has have extensive PT. She also has permanent scar on her face. The insurance company is telling her that they can single give her the policy limits. She required to know if hiring a lawyer would be best before she truly did so because you know they have to take at smallest 30% of the settlement and if all she can get is policy limitations, she doesn't want to go that route.
It would be best for her to hire a legal representative. Her medical bills, and PT should definitely be covered.
If the other party only have $20k, then that is adjectives the insurance company can offer. She can sue the other party, but if they do not own any assets, it is unlikely she will recover anything from them.
If the driver of the vehicle was not the owner of the vehicle, after in some states you can stack these available coverages.
If your friend has underinsured coverage, next she should file a claim under this coverage for more benefits. If another household member has underinsured coverage, she may be entitled to their coverage. Again, it vary from state to state. Some states allowing "stacking" others don't.
Answers: A lawyer cannot increase the other party's liability control, so she would collect the $20,000 LESS the attorney's fees (30-40% plus expenses). With her injuries, the other party's insurance will offer the limits of the policy short an attorney. An attorney MAY take it to court & be able to seize a judgement against the other party (but his fees will be 30-40% of the JUDGEMENT, not what is collected - so if the judgement is $50,000, the attorney would get probably $20,000 departure your friend with NOTHING). If the other party have no assets, good luck collecting the balance of the judgement.
Her best bet would be to look on her own policy, see what her PIP & medical payments are. Also, see if she have UNDERinsured motorist bodily injury & file a claim there. She can catch up to her underinsured motorist limit (say she has $50,000, that would be the most she could collect, not a total of the 2 limits).
Good luck to your friend & speedy reclamation.
have an attorney will not make a difference. The insurance company will not pay over the policy ends. it's not the insurance companys fault. you'll have to establish a regulation suit against the other party. good luck!
The insurance company cannot pay more than the policy limits.
If she have auto insurance she can make an UNDERInsured Motorist Claim (UIM), meaning the at criticize person did not have plenty coverage.
She can also make a UIM claim on her parents auto policy, if she still lives at home with them.
if she retains an atty, the insurance company is still solely going to offer her the policy limits