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.
This response is for general information only, no attorney client privilege has been established by this communication.
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.
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
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.
If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at firstname.lastname@example.org . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.
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.
Your situation is complex and you should not proceed without competent experienced counsel. If.you found this response helpful please check the box for that. If you would like to discuss this matter further at no charge, you may contact me at 404-216-1422 or email at email@example.com
Disclaimer: This response is provided for educational and/or informational purposes only. It is not legal advice and it has not created any attorney-client relationship between us. Other lawyers may have different opinions or may offer you different information..
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
Provision of information in response to this question does not create an attorney-client relationship and the questioner is encouraged to seek and retain legal counsel in order to discuss their question(s) further and directly with legal counsel. Respondent is licensed to practice law in Georgia before all Georgia courts for non-Federal matters with a primary focus on personal injury and workers' compensation. Respondent is also authorized by the Social Security Administration to represent claimants nationwide in Social Security Disability claims, and is admitted to practice before the United States District Courts for the Northern Districts of Georgia and Texas, respectively, for federal matters including judicial review of Social Security matters. The questioner is advised that some responses on this site are provided by attorneys who are not licensed in the respective jurisdiction of the questioner, and any advice from attorneys on this site concerning state-specific areas such as workers' compensation by attorneys who are not licensed in the applicable and appropriate jurisdiction should be viewed as for general educational purposes and should generally be given lesser weight than responses by attorneys licensed in the governing jurisdiction. Response to this question further assumes that the questioner is not currently represented by counsel, and if this is not the case, then it is recommended that any further questions or concerns be directed to their current legal counsel.
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