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  1. #1
    Join Date
    Aug 2018
    Posts
    2

    Default Can You Sue for Compensation Beyond an At-Fault Driver's Policy Limits

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

    My accident happened in the last passed December and I am recovery still. A young lady didn't see the stop signal and she hit me. I have a coverage 50k/100k for body injury. I had a broken scaphoid and I got surgery (where I will lost mobility in my right wrist) and also anxiety. My lawyer never speak anything about money.
    I guess my limit for sue is 50k, but could I sue for more? I am very piss, my baby was born 3 weeks before of the accident and I "lost" her first 8 months of live with the cast or my pain. I couldn't give her a bath or play with her.. change her.. feed her.. . Also I lost a big job opportunity and a promotion in my job.

    PS: Sorry for my gramma, English isn't my first language.

  2. #2
    Join Date
    Mar 2013
    Posts
    16,129

    Default Re: Car Accident with Body Injured

    Quote Quoting Davidds
    View Post
    I guess He doesn't want to speak about money because He doesn't want to "promise" anything.
    It's not just that.

    While you are still under treatment and not fully recovered there isn't any way to put a dollar amount on your claim. Before you can do that you have to be fully recovered with no residual difficulties or have reached Maximum Medical Improvement (MMI) which is the point where your condition cannot be improved any further. MMI can sometimes mean that you have a permanent partial disability that has to be factored into your claim.

    I guess my limit for sue is 50k, but could I sue for more?
    The amount you can sue for has nothing to do with your liability limits, it has everything to do with the at-fault driver's liability limits.

    Has your attorney been able to find out what the other driver's liability limits are?

    If the other driver's limits aren't enough to cover your claim, you will have to seek additional money from your own Underinsured Motorists Coverage (if you have it).

    I "lost" her first 8 months of live with the cast or my pain. I couldn't give her a bath or play with her.. change her.. feed her.. . Also I lost a big job opportunity and a promotion in my job.
    A lot of that will be figured into your claim.

    Just understand that, whatever figure your attorney eventually comes up with, might not be what you end up with, especially if the other driver has low limits. People who carry low limits often don't have any money or assets that you can go after.

    All I can advise is concentrate on your recovery and let your attorney do his job. He will let you know when it's time to talk money.

    You have 3 years from the date of the accident to file a lawsuit so you have plenty of time.

  3. #3
    Join Date
    Aug 2018
    Posts
    2

    Default Re: Car Accident with Body Injured

    Thank you so much! This is all I want to know, my unknown was killing me.

    And yes, my attorney was waiting to the MMI for the next step.

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