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  1. #1
    Join Date
    Mar 2007
    Posts
    1

    Default Sue Past Policy Limits If At-Fault Driver Has No Estate

    I was in accident 8 months ago-not my fault other driver full liability from day one. Lawyer called and wants to settle at $15,000 b/c is policy limit. This will not pay for all of my medical bills and lost wages. Other driver died and lawyer says does not have estate. Can I still go after insurance company? Thanks, California

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Sue past policy limits if potential no estate?

    what did the insurance company do to you?

    the insurance would only pay up to the limit if the guy were alive, what makes you think they are responsible for any more after the guy has died?

    do you carry uninsured/underinsured coverage you could claim against?

  3. #3
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Sue past policy limits if potential no estate?

    Q: Can I still go after insurance company?

    A: No. The insurance company did nothing to you. The $15K is the most you will ever get from the dead guy's insurance.

  4. #4

    Default Re: Sue Past Policy Limits If At-Fault Driver Has No Estate

    Beth,

    JK brings up a good point, if you carry uninsured/underinsured coverage your insurance company will cover the remaining unpaid bills up to your limits.

    Insurance companies are only liable for covering their insured up to his limits. For extra money you can get extra coverage but most people who don't really own anything don't go for the extra insurance because they consider themselves "judgement proof" (meaning you can't get blood from a stone).

    If the other driver had "stuff" that you could go after and you sued him and, say, won $20,000, the insurance would pay $15,000 and he would be liable for the other $5000. Since there is no estate, there is no "other $5000." There is simply nothing else there to take.

    Hopefully you have U/I insurance that can help you out with the bills.

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