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Can you sue over the policy limit? How much I expect .

Royal Oak, MI |

I was in a accident with a car that run a stop sign the car didn't have any insurance but I have full coverage and uninsured motorist coverage the two policy is 25-50 but I sustain some pretty bad injures and probably have to have surgery . My car was total in the insurance paid it off and my medical bill is currently around 15000 and I have not been able to worth because the accidents so far my loss wage has been 9600 and counting .

Attorney Answers 13

Posted

If the other vehicle did not have any insurance then there is no policy to sue over the limit of and if the other driver or responsible party does not have any assets, it is not worth pursuing. You can not get more than your policy limits of UM coverage if you bring that claim. You should consult with an experienced MI personal injury attorney who hopefully will be able to find other coverage and/or significantly reduce your liens and bills.

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8 lawyers agree

Posted

First question, is do you have underinsured auto insurance. If you do, that is one option. Suing for over the policy limits is a waste of time. If the person who hit you has minimal insurance, the odds are good that person doesn't have much in terms of assets to pursue. Check with your attorney or insurance agent, and look at your declaration sheet. I am not licensed in MI, so I do not know whether you can stack policies.

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7 lawyers agree

Posted

You may be entitled to recover under your UIM policy and also first party no-fault benefits. I would suggest calling a car accident attorney immediately. Best of luck.

Matthew G. Swartz, Esq.
Trial Attorney
(586) 383-5409

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14 lawyers agree

Posted

Assuming you are a Michigan resident and have no fault insurance you need to submit your claim to your own insurance company. Your no fault benefits should cover you.

This information is for educational purposes only, as well as to give you general information and a general understanding of the law, not to provide specific legal advice. The information provided does not constitute an attorney-client relationship. This information should not be used as a substitute for competent legal advice from a licensed, professional attorney in your state.

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6 lawyers agree

Posted

You have a couple of issues at play here. If you have uninsured motorist coverage, that your own coverage that you select your limits.
The other issues are PIP which have nothing to do with the other driver at all. Check with a local 10.0 rated attorney here on avvo.

My answer to you question does not constitute legal advice. Only an in person or telephone consultation will result in an attorney/client relationship. Please do not rely on brief answers without checking with an attorney in a confidential consultation.

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10 lawyers agree

Posted

You should contact a local personal injury attorney to review the available insurance coverage. If there is more coverage available, they should know what needs to be done. If not, the contact shouldn't cost you anything.

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6 lawyers agree

Posted

It sounds like you do not have two policies but one policy that pays one individual a maximum of $25,000 for damages that the uninsured driver would have been responsible to pay had he had insurance. If more than one person was injured, the maximum uninsured motorist coverage would be $50,000.00 even if 10 people were injured. Therefore, it looks like the most you will receive from your insurance company is $25,000. The exception to this is if there were actually two policies that allowed you to stack one on top of the other, as in a case where you had two cars insured by different companies.

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8 lawyers agree

Posted

You need to have your policy reviewed by an attorney immediately. Your PIP covers wages and med bills. An attorney would try to get the policy limits on the UM.

Always consult an attorney IMMEDIATELY as there are time limitations on filing a lawsuit.

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10 lawyers agree

Posted

From the facts as posted, looks like 25k is max, but a local personal injury lawyer should investigate.

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9 lawyers agree

Posted

You can sue the other driver, but since he has no insurance, you won't see a dime of it. Your limit on your UM coverage, is just that, your limit.

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7 lawyers agree

Posted

you would you would need to sue the driver for his negligence. Any awards that you get your insurance carrier will pay the first twenty five thousand as on insured motorist coverage you it would be up to you to collect the rest from the drivers. Under Michigan no fault insurance you should be able to receive medical benefits that are linked to the auto accident for life.

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1 lawyer agrees

Posted

Michigan is a no fault state. Your UM coverage is for your Bodily Injury claim. You have a policy limit of $25,000. This amount is for your pain and suffering only. Your medical bills and lost wages are paid under the PIP benefits of your policy. This is separate from from your pain and suffering claim. I suggest you hire a personal injury lawyer to help you with your UM claim. Good Luck!

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Posted

Your question was whether you can sue over the policy limit. The answer is yes. Your claim is worth what it is worth regardless of limits. Most insurance companies have a duty to defend their insured, and will not turn over policy limits unless you sign a release. So if you want to recovery policy limits short of litigation, that amount is all you would get. You can look at whether the target defendant has assets, like home equity, or land. If you want more than policy limits, ou will not be able to settle the case quickly (or at all) because the insurer will not abandon their insured. You can file a lawsuit, have a trial, and receive a larger judgment from a judge or jury. You can then force the insurer to tender their limits, and also pursue an "excess judgment" against the defendant for all amounts above and beyond policy limits. Most lawyers will investigate whether the defendat has any assets making this extra effort and cost worthwhile. In most cases, it is simply not worth passing on settling for policy limits only to litigate a matter for several years, incur substantial costs which diminish your net recovery, and potentially drive the defendant into bankruptcy where the judgment could be discharged. Many defendants are nearly "judment proof" meaning that it is very difficult to collect on a judgment. This is why most policy limits cases settle for policy limits.

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