Expert: Anne - 5/16/2008

Question
Hi,

I was struck by a Drunk Driver while driving home from work on the free-way. The driver was in a rental car that someone else rented and insured under their $30k policy. The driver himself had a suspended license, no insurance registration etc. The Insurance Co. wants to settle with me at the policy limit, after my medical expenses this doesn't leave much of a settlement at all. I'm wondering, if the Insurance Co. Can be sued beyond their policy limit. Thank you in advance for information you can provide me with.

Answer
Hello Marcus:

I am sorry to hear this. There are soo many Drunk driving with people driving with suspended licenses that I am surprised that I have not been hit by one "yet".

The answer is no. The insurance company limits are contractual, meaning that their contract with their insured stops there. They would not be responsible for anything above and beyond that point.

However, this does not mean that you do not have a claim elsewhere (could be the rental car's company insurance, or the insurance company of the person that actually rented the car). You can also go after the personal assets of the person that hit you. It would be important for you to talk to an attorney BEFORE you settle or take the 30k from the insurance company.

Remember, the insurance company will not pay you unless they get a release of all claims against their client (probably the driver). If you release them, you will probably lose any claim you have against anyone else.

Good Luck,
Anne

http://www.spokanelegalhelp.com