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

Asked 5 months ago - 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)

  1. Matthew Gregory Swartz

    Pro

    Contributor Level 7

    14

    Lawyers agree

    Answered . 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

  2. Timothy J. Klisz

    Pro

    Contributor Level 18

    10

    Lawyers agree

    Answered . 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... more
  3. Daniel J. Melican

    Contributor Level 14

    10

    Lawyers agree

    Answered . 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.
  4. William S. Stern

    Pro

    Contributor Level 13

    8

    Lawyers agree

    Answered . 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.

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

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

  6. David Ian Schoen

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . 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.

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully... more
  7. Michael P. Misch

    Contributor Level 9

    6

    Lawyers agree

    Answered . 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... more
  8. Josh P Tolin

    Contributor Level 19

    7

    Lawyers agree

    Answered . 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.

  9. Andrew T. Velonis

    Contributor Level 12

    7

    Lawyers agree

    Answered . 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.

  10. Benjamin Martin Andrews

    Contributor Level 11

    6

    Lawyers agree

    Answered . 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.

  11. David B. Carter Jr.

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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.

  12. Gerald R Stahl

    Pro

    Contributor Level 16

    Answered . 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!

  13. David A. Nelson

    Contributor Level 2

    Answered . 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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