AboutRichard Hixenbaugh Expertise Auto insurance claims procedure, auto coverage, liability issues, auto damage questions, how to deal with the insurance company, loss of use and diminished value.
Experience I have been involved in the insurance industry for over 20 years. I have experience in underwriting, sales, claims adjusting, auto damage estimating, auto value appraising and diminished value appraising. I have testified as an expert witness over 10 times.
Education/Credentials Completed all required courses for the Florida Property-Casualty agents license and the Florida claims adjusters license. I have attended various courses on auto damage estmating, vehicle appraising and am ASE certified in collision damage analysis.
Past/Present clients My company has done work for consumers nationwide.
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.
