Expert: Bennie719 - 7/15/2009

Question
I am in Va. I was rear ended in NOV08.  My insurance is going to cover me under UIM claim.  I have 25000/50000, I was wondering what happens if the medical is over my policy limits?  Am I able to sue him for what is over the policy limits?

Answer
Hi Jennifer,
Since your insurance is covering your injuries under the
uninsured motorists portion of your policy, this means that
the person who hit you has no insurance.

Since that person has no insurance, the odds are that they
also have no assets and a lawsuit against the at-fault driver
would be a waste of time and expenses.

If you do learn that the other party has lots of assets and
you decide to sue, you must sue for the amount that you have
been paid by your own company plus any additional amount
that is due to you because of the severity of your injuries.
Out of whatever settlement you might be paid by winning in
court, you must first reimburse your insurance for the amount
they paid you under UIM before any of the court award would
be yours.

If you should decide to file a lawsuit, meet with your Ins
company first and discuss the situation.  After paying you
a settlement under the UIM portion of your policy, your
insurance will be trying to recover that amount from the
other driver, even if it means small monthly payments.

You don't want your actions to interfere with the actions of
your insurance company.

I hope that you find this helpful.  Your feedback by rating
my response will be appreciated.

Bennie
San Francisco Bay Area