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  1. #1
    Join Date
    Jun 2015
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    2

    Exclamation What to Do if an Injury Claim May Exceed Your Insurance Policy Limits

    My question involves an injury that occurred in the state of: Georgia.

    If I were hypothetically...... being sued for what currently stands ~30k medical bills in a personal injury accident case. Policy limit was 50k. Still in the discovery period, but plaintiff has placed a demand for policy limits, as surgery "will likely be needed" according to neurosurgeon. Plaintiff stated previous history of degenerative disc disease at scene of accident to defendant, but no discovery answers or medical histories have been provided yet. Information provided in demand leads to believe that, at minimum, parts of the injuries requiring surgery were existent before accident. My defense attorney (insurance-provided) has not been communicative and very slow on the case to date. Have spoken with my company's examiner who stated that they would likely meet the demand of the policy limit, though she was unsure at that point. Demand was postmarked three weeks ago, letter was dated three weeks plus a few days, and is only now being "received" by insurance office -- state limit is 30 days, plaintiff's attorney is "demanding" even quicker response.

    Should I retain an additional attorney prior to the insurance-provided attorney making a decision on meeting the demand or not? The plaintiff has an uninsured motorist policy and will likely be pursuing that for additional medical claims, therefore leaving me open to suit from this insurance company. I have already received (and we have responded) to cross-claim interrogatives from this company. My company's examiner suggested that I wait until receiving any additional suits from uninsured motorist policy insurance company, and then retain one of my company's "for-fee" attorneys.... I am insured through a large auto insurance company.

    I have no assets besides a low-value car ~5-6k, ~5k in an unvested 401k; AGI ~29k last year (likely ~40k this yr), and have ~35k in student loans.

  2. #2
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    Default Re: What to Do if an Injury Claim May Exceed Your Insurance Policy Limits

    Are you stating that you were uninsured for the accident, and that we're speaking of a $50K claim being made under the injured motorist's own uninsured motorist policy? If you were insured, how does uninsured motorist coverage factor in. Is this in fact a claim for additional coverage for underinsured motorists?

  3. #3
    Join Date
    Jun 2015
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    2

    Default Re: What to Do if an Injury Claim May Exceed Your Insurance Policy Limits

    Yes, apologies. The answer and cross-claim consistently states "uninsured," but the examiner reported that this was just initial boilerplate and that these likely additional claims would fall under her underinsured policy (though they do not yet know limits on this policy.)

    This would be a possible claim for additional coverage for UNDERinsured motorists.

    I was insured for the accident up to policy limits of 50k. They are currently demanding full policy limit, though current bills stand at ~30k, due to "likely need for surgery." My gross estimates would be at minimum another 60-70k if surgery were to happen, and that's without mention of any lost wages.

  4. #4
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    Default Re: What to Do if an Injury Claim May Exceed Your Insurance Policy Limits

    If they want to make an underinsured motorist claim, the odds are that they will need to get a policy limits settlement offer from your insurance company and have it approved by their own carrier before they can accept. You're not in a good position to contribute to a settlement at present, and you're an excellent candidate for bankruptcy if they push the issue, so I would not be surprised if it turns out that your insurer offers the policy limit and they accept in satisfaction of their claim against you.

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