Your own insurance policy should have what is called "Uninsured/Underinsured Coverage." Once the at fault's insurance limits are reached, you can file a claim with your insurance coverage to make up the rest up to the limits of your underinsured coverage. After that, you can file a lawsuit against the at fault party personally. But before doing so, it would be wise to consider whether the at fault party has any assets and whether a lawsuit is worth it for the amount of damages.
Speak with a personal injury attorney who can advise you thoroughly based on more specific facts.
DISCLAIMER The answer given above serves for educational purposes only and is meant to provide general information for a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone with case-specific legal advice. Further take notice that any information on this site should not be used as a substitute for case-specific legal advice. Readers should also be aware that laws and their applications frequently change. As such, any information provided on this site is general in nature and may not apply to specific factual and legal situations. Contact a professional, competent attorney licensed to practice law in your jurisdiction to receive case-specific legal advice before making any important decisions regarding your legal issue.
You can get a judgment by filing suit and proceeding to trial. The law does not limit the amount of damages you can receive in a judgment. However, the insurance company has a contract providing insurance for the responsible party's liability up to the "policy limit." So if you get a judgment for more than the policy limit, you will get the insurance money and then you will need to find a way to collect the excess from the responsible party's assets. You will spend money and time getting a judgment, so if you are not going to be able to collect from the other person's assets, you have to question the financial wisdom of proceeding to judgment. On the other hand, if the responsible party is a millionaire who just forgot to get high enough insurance coverage, then it may be worth pursuing.
You should consult a good personal injury attorney to know your rights.
Sue the person who hit you; get a judgment; seize defendants assets. It is irrelevant waht his insurance policy limit is. Whatever the verdict / judgment, that is what you will be entitled to.
By hiring a competent attorney to represent your interests. No insurance company wants to pay full value on anything.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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