Expert: Richard Hixenbaugh - 2/13/2009

Question
I had an auto accident two years ago (other party ticketed and at fault) and am currently working with an attorney.  The other party had $50,000 coverage and I have $250,000 uninsured/under-insured.  My attorney wants to go after my policy.  Will this make it difficult to change companies in the future?  I also read a previous answer that makes me now wonder - if my company did pay would they go after the other party's personal assets?  I walked away from the accident but do have back issues, had an MRI and chiro/massage therapy/PT, but not enough pain to warrant surgery, so I don't see how this could add up to more than $50,000.  I'm afraid my attorney is seeing big dollar signs and not looking after my best interest for my future insurability.

Answer
Hi Lani,

This will have no effect on your future insurability. It is possible that your attorney is simply wanting to say that he is going to go after your uninsured motorist coverage as a negotiating tactic. This may make the other insurance company less likely to fight giving up their 50K of coverage if they think that the claim is much larger than the 50K.

I hope this helps
Richard Hixenbaugh