Personal injury , ped vs auto , plaintiff
The only way they will pay over policy limits is if somehow they are concerned about being sued by their insured and would have to pay out even more. This could happen where, for example, they failed to adequately defend a lawsuit, etc.
If there is a bad faith issue it’s possible. Outside of that, no.
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Your question is too broad to be meaningfully answered in my opinion.
answers to questions are for general purposes only and do not establish an attorney-client relationship.
I agree with the other attorneys here.
If State Farm offered its limits when it knew or should have known it was supposed to do so, then you probably have no case against them for bad faith. The only party that will be responsible for an excess verdict in that case is the defendant. If the defendant or defendants do not have any attachable assets, good luck in trying to get them to pay.
In any event, your best bet to obtain the maximum injury settlement amount in this case is to consult immediately with an attorney in your area to obtain a more specific answer and get all of your legal options before deciding what to do and then also complete all medical treatment necessary for any injuries you received. The attorney will also investigate the liability issue and check for all available coverages to ensure you have the maximum amount of coverages available to you. You may have some coverages on your own auto policy as well that can assist you. You can use the "Find a Lawyer" link at the top of this page for the names of attorneys in your area. Most offer a free consultation and work on a contingency fee basis, so you won’t have to pay anything up front.
Please do not message me for further advice or call my former law firm if you have any further questions. If you are in need of an attorney to assist you, please search for another attorney in the jurisdiction involved in your case, as I am now retired, and my former law firm is no longer handling these types of cases. I am active on AVVO and answer questions only as a public service at this point.
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In the absence of insurer misconduct, neither State Farm, nor any other insurer, will be paying past the policy limits.
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Payment will only exceed policy limits if there is bad faith on the part of State Farm. However, whether State Farm engaged in bad faith requires an entire legal analysis on its own.
If you demanded policy limits and they refuse to tender, you can pop the policy and get more. You should consult with one of us on here as soon as possible, you will not be able to do it on your own.
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