Expert: Richard Hixenbaugh - 6/26/2009

Question
Hello, I was injured in an auto accident, other person was
100% at fault, no insurance.  So my uninsured policy was
used. My injuries so far are at $50,000.  My uninsured
policy has agreed to settle at policy limits, which my
attorney suggests I take. Based on the fact that he figures
that I won't get much more if it comes to trial, maybe an
extra 10 grand, and having to wait up to maybe 2 years for
that, could not make it worth it.  I have also filed for
disability because I can not work at this time, and my body
is not healed, can't stand for too long, chronic pain all
the time, etc.  I am wondering if settling for policy limits  
is the right thing to do?  Thank You!

Answer
Hi Pennie,

All you can get from from your uninsured motorist coverage is the policy limit. If your case goes to trial against the at-fault person and you win and receive a judgement for say $100,000.00, your uninsured motorist coverage would still only pay the $50,000.00. You would then have to try to collect the balance directly from the at-fault person. If that person did not have the responsibility to maintain and keep auto insurance, they likely do not have any assets you could sieze. You may be able to garnish their pay, but it could takes many years to collect the balance.

With all that in mind, only you and your attorney can decide the best course of action for you.

I hope this helps
Richard Hixenbaugh