Will an insurance company sue me after my insurance company pays out its policy limit if they have to pay UIM coverage?

Asked over 1 year ago - Columbus, GA

I was at fault in an accident about a year ago in which I was at fault. One woman had a broken pelvis which resulted in her having 56000 dollars in medical bills after she completed treatment. I have decent insurance coverage for BI of 100000 / 300000. This woman is also claiming a wage loss of 2000 this raises it to 58000. I know that she can also claim other damages such as pain and suffering but if she decides to do that and demands that my insurance company pays the policy limit of 100000 and then goes after her insurance company to pay the difference can they eventually come back after me personally for the difference? I am in the military with no assets and a lot of college debt. I understand I can have my wage garnished. Do insurance companies often do this?

Attorney answers (5)

  1. Matthew Chase Swanson

    Pro

    Contributor Level 13

    7

    Lawyers agree

    Answered . Assuming your insurer pays the limits as it should and the other driver makes a recovery against her own UM coverage, then yes that company can and very well may seek reimbursement from you. This is known as subrogation. In the past, most UM insurers would pay the claim and close the file. However, in these economic times many have have hired third party subrogation companies or simply developed a subrogation department to recover anything they can. I have had defense attorneys tell me they have even taken $20 a month just to try and recover something. A lot of this will have to do with who the insurer is.

    As others have suggested, writing a letter to your insurer demanding they pay the claim and protect you is probably your best course of action short of hiring a separate attorney to review the matter for you.

  2. Jonathan P. Sexton

    Pro

    Contributor Level 12

    6

    Lawyers agree

    Answered . There is no set rule regarding what a cause is worth. It is very likely that this case is worth more than your policy limits of $100,000.00. In Georgia, if your insurance company pays the policy limits many times in these circumstances it is done with a limiited liability release which allows the person injured to still sue you but only to get the underinsured motorists coverage. If the injured party accepts this type of release, then you are off the hook as to the injured party. However, the injured parties underinsured motorists carrier may try to subrogate against you and recover its money. If you believe that the case is worth more than $100,000.00, then you need to hire an attorney to protect your interest if a suit is filed.

    The above is just my opinion based upon the limited facts provided. It is not intended to be offered as legal... more
  3. Andrew Payne Copenhaver

    Contributor Level 8

    5

    Lawyers agree

    Answered . The short answer is pobably yes. Assuming that liability is not an issue, her lawyer will demand the policy limits in exchange for a limited release that allows her to collect any UM coverage that she may have. Georgia has two types of UM coverage, if she has opted for "add on" UM coverage, there is no offset for the compensation she has received from your policy and if her insurer pays they can and likely will go after you for the money that was paid. If this happens, your insurance carrier is obligated to defend you in this action and can probably negotiate the amount of reimbursement. Best of luck to you and I applaud you for carrying more than the minimum limits.

    Andrew P. Copenhaver
    www.bellbrigham.om

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  4. David Craig Lee

    Contributor Level 15

    6

    Lawyers agree

    1

    Answered . You need to demand that your insurance company immediately pay the policy limits to the lady. The insurance company is gambling with your life. No, they cannot sue you because you bought insurance. If there's a wreck that's your fault, then the agreement is that they pay.

    Or are you asking if the OTHER insurance company will sue you? That's possible, but very unlikely. You could file for bankruptcy and discharge this debt, which means that they waisted a lot of money for nothing.

    Next time, get more insurance. Insurance adjusters have a 'Medicals Times Three' rule of thumb in accessing total damages. That means they this lady's case is about $170,000. But if there's a permanent injury to her, it could be more. Plus, she might need another surgery in a few years, and then the rule of thumb would be to triple the cost of that future surgery.

    I think you need to have a lawyer not paid by the insurance company to review the situation and write a letter demanding payment of the policy limits. When policy limits are paid, there's a long release that requires the lady to agree to not sue you. That's your best course: get your insurance to pay up!

    You should cooperate with these insurance companies and follow their advice, because failure to do so might get you sued or might void the policy.

    Did this help? Thank you for serving in the military.

    If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO... more
  5. Manuel Alzamora Juarez

    Contributor Level 20

    5

    Lawyers agree

    Answered . I doubt it for the following reasons. In order to sue you under her UIM, she would not only have to get your full policy limits but also she has to have a UIM policy which is greater than $100,000. Say 150-500k. Or any subtantial amount over 100k, that would make it worth it for her or herinsurance to sue you. So, let your insurance get a bullet proog release and unless she has a higher limit for UIM, I would not woory about it. However as suggested make sure your insurance company pays the limits to her, otherwise taht would open another can of worms. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492.... more

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