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SAY MY PI CASE IS AWARED 100K OR MORE FROM A JURY AND THE DEF. HAS ONLY THE MINIMUM LIABLITY CAN MY UIM PICK UP THE DIFFERENCE?

Garner, NC |

MY REAL QUESTION IS MY MEDICAL BILLS ARE PROBABLY GOING TO EXCEED 100K. CAN A JURY AWARD ME FOR PAIN AND SUFFERING AND STILL ORDER THE DEF. INSURANCE COMPANY TO "PAY UP" EVEN IF SHE DOESN'T HAVE ENOUGH COVERAGE?

Attorney Answers 3


  1. The jury would make an award that is formalized in a judgment. The liability carrier will pay the judgment UP TO THE LIMITS OF THEIR POLICY. To the extent your underinsured motorist coverage exceeds the liability coverage, they will pay the judgment UP TO THE LIMITS OF THE POLICY. The insurance company is not going to pay beyond their policy limits. The individual defendant would be responsible for the remainder of the judgment. The key in this kind of case, the key is to get an experienced injury attorney who can track down ALL available coverage. There may be more than one liability policy (for the driver). Believe it or not, you may be insured under more than just "your" underinsured policy. (i.e. the policies of other relatives with whom you reside, etc.). Given the high medical bills, I would strongly recommend consulting with an attorney. There's a little more info here:

    http://www.owensmiller.com/Personal-Injury/Auto-Accidents/Accidents-Caused-by-Uninsured-Underinsured-Motorists.shtml

    William Owens
    Owens & Miller, PLLC
    4030 Wake Forest Road, Suite 101
    Raleigh, NC 27609
    Phone no: (919) 719-2750
    Fax no: (919) 516-0063
    www.owensmiller.com


  2. Generally the answer is yes. However there are issues that would need to be considered at the time of the award.


  3. The insurance company will pay up to the policy limits for the applicable coverage. The remainder of the balance would be collected from the defendant. If the defendant does not have assets, he or she may file for bankruptcy if applicable. It is very difficult to collect from a person with little or no assets. If the person has substantial assets, collection becomes a little bit easier. If the response was helpful, please mark helpful. I agree with my colleagues, too.

    www.JoeTorriLaw.com

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