The other driver's insurance will obviously only pay up to the coverage she bought.
But there is good news, assuming you acted prudently. Because many people are underinsured, EVERY driver should carry a HIGH limit uninsured motorists coverage, and, if they lack health insurance, med-pay. Assuming you did this, the good news is your med pay pays your medical bills up to your policy limit, and you can go after your own UM coverage as well. Hopefully you have a lawyer as you should already have one, so they can collect these claims for you.
If you made the mistake of not having such coverage, you made a mistake that sadly will prove very costly. But if you have the two coverages I mentioned, this post was good news for you.
Incidentally, if the other driver has assets or income, your lawyer may also be able to sue the other party for claims above the policy limits.
Discuss all this immediately with your attorney. Good luck with your recovery!
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.
If you have not consulted with an attorney you should do so as soon as possible. It sounds like the other driver has $25,000 in liability coverage and you have $25,000.00 in uninsured motorist coverage. Georgia has two types of uninsured motorist coverage, one allows you to add or stack your coverage and the other does not. If you have add on coverage you can get to $50,000.00 based on the facts you provide. Also, if you live with any resident relatives that have their own policies or have other insured vehicles you may be able to use that insurance for additional coverage. Last but not least, if you have a hospital lien your attorney ought to be able to negotiate that down so you can get some money in your pocket.
In sum, don't feel like a loser and I wish you the best of luck in your recovery.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
UM could be stackable, and there may another source of coverage. Have a local personal injury lawyer get you everything to which you are entitled.
The problem you have is that it appears that the driver who hurt you only carried the State mandatory $25,000.00 worth of insurance. It also sounds like you only carried $25,000.00 worth of underinsured coverage (insurance designed for situations like this).
Have you discussed these issues with your lawyer as there are ways to stack the insurance to get $50,000.00 of coverage. There may also be more insurance out there that you don't know about. If you don't have a lawyer you need one.
I'm sorry about your loss. Unfortunately, the issues in your case are not whether the lady who hit you was at fault or whether you have suffered significant damage, but whether there is enough insurance or assets or income of the driver available to fully compensate you. Have your attorney fully investigate the available insurance in your household and the driver's household and the assets and income of the driver who hit you before you settle your case. Good luck.
Attorney Ashman has pretty much answered your question. Also, in Ga. your UM must exceed the other drivers liability coverage (in this case 25k) before you can claim it, and your injuries are sufficient to warrant more than the other party's 25k limit. Your injuries clearly warrant a great deal more than 25k but if you don't have health ins. and higher UM coverage and med-pay, you are stuck suing the other driver if he/she has any assets you can collect or, if not, settling for the 25k. Even if you sue and win more, unless she was drunk the reality is that she could probably bankrupt on your judgment anyway. I am sorry for your apparently unfortunate situation, which many people find themselves in. In the future, protect yourself by buying more insurance coverage.
Disclaimer: This response is provided to you for educational and informational purposes only and no attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate Best Answer to Avvo. Thank you.
Sign up to receive a 3-part series of useful information and advice about personal injury law.