How do I ensure that I can get more than policy limits. No UM insurance so I presume this cannot be stacked.
There is a possibility for bad faith but that would be up to the insurance company and you would have to know the law in order to properly put them on notice, etc. You should speak with a personal injury attorney. There are various ways a personal injury attorney can help you!
There are other forms of possible UM coverages as well, for example do you have any resident relatives who may have UM coverage? Was the other driver working? This needs to be investigated fully and properly.
Call a personal injury attorney and ask questions.
If you would like to discuss your situation please feel free to call me at 770-948-5454.
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Personal Injury Lawyer
Unfortunately, there is no way to ensure that you get more than the policy limits. There is a type of demand you can make where you demand the policy limits and give the insurance company a reasonable amount of time to accept your demand. If they don't accept it, and you go to court and get a judgment over the policy limits, they may have to pay the full amount of the judgement for failing to protect their insured's interests. However, if they accept your demand, that is all you can get. The only other way is to sue the person who hit you and get a judgment against them and collect anything over their policy limits from them personally. However, they may not have enough assets to pay a judgment. As you can see, this is very complicated, If you would like to discuss, please call me at 770-973-2599, ext 203.
Personal Injury Lawyer
Your UM/UIM coverage would apply if you had it. If you live with family who have it, it may cover you. The best way to protect yourself from these situations is to carry a good amount of UM/UIM
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The sad news is that in some cases you may not be fully compensated, but a good lawyer can explore all the possibilities.
Obviously the lawyer will want to explore other coverages to be sure there is no other coverage.
When the lawter demands the policy limits and gives the insurer reasonable time to accept, they can either pay the limits and that's it, or, if don't accept it, and you sue and get a judgment over the policy limits, they may have to pay the full amount of the judgement for failing to protect their insured's interests.
You can also, after collecting the limits, in some cases sue the person who hit you and get a judgment. That may be collectable from wages and assets.
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Personal Injury Lawyer
UM protection is true insurance... you are insuring yourself from others negligence not just protecting your assets from your own negligence. I believe people should have as much UM coverage as they can afford to get, although the ins. comp. usually restricts the amount of UM available to the same amount of liability coverage you buy. That said, you would have to sue and obtain a judgment in excess of the policy limit and collect the excess by garnishing the at fault party's wages, bank account, assets, etc. The insurer is not going to pay you the policy limit prior to you filing a lawsuit unless you sign s release of them and their insured, in which event you would not be able to sue for anything more.
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Your lawyer can sue and get a judgment potentially above this.
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Based on your location, I will assume your injury occurred in Georgia. To determine if there are any other sources of recovery, you will definitely need to hire a Georgia-licensed personal injury attorney. On a related note, depending on the extent of your injuries, you may also need to consult a Social Security Disability attorney to determine if you should pursue a claim for SSDI or SSI, particularly if you may need Medicaid coverage for some or all of your medical bills while you pursue your claim against the driver who caused your injuries. There may also be other public benefits, private insurance, or other sources of income which may be available to you as well while you pursue your personal injury claim, and any attorney you ultimately hire should be able to direct you to these resources in addition to representing you in your primary claim.
If I can answer additional questions, please let me know. I wish you all the best with your claim, and that you will retain legal representation to ensure that you obtain the maximum recovery possible in terms of your economic situation and your medical treatment.
Timothy M. Klob
Klob Law Firm
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