I feel for ya payrolguy.
Here is something that may be important to the op.
the per person limit is the max the insurance company is obligated to pay out on behalf of their insured to a single party. That’s all well and good but policies also typically have a maximum per accident payout as well. If there are damages sustained by other parties other than the ops daughter, that could reduce the amount available to be paid to the ops daughter. There is no mention of other injury to other parties so it may not apply in this case but if anybody wiped out a guardrail, well, those aren’t cheap. New York minimums are $10k for property damage and $25k personal injury for a single person and $50k for multiple parties. Some areas also charge for emergency services which would also fall under the liability of the at fault party. There was also no mention of other cars involved but it wasn’t stated there were no other cars, with the possibility of injuries to occupants, either.
given the minimum mandatory of $10k property damage, op may be screwed already.
additionally, since New York has no fault medical coverage for auto insurance, the op would have a claim (if she is a New York driver) from her own policy for her medical costs and even a percentage of her lost wages (80% of lost wages up to a max of $2000 per month). There also appears to be a per diem payment available for loss of ability to perform routine personal duties (housework or such) of $25/day. In fact,,after a light review of what New York mandates a person carry, ops daughter may be better off making a claim through her own pip coverage and forgoing suing the at fault party. If she has already made claims against her pip, she needs to research how that affects her claim against the at fault party. She especially needs to consider the attorney fees a suit will cost her. Those alone could turn a win into a financial loss if her ultimate payout is less than her own pip will provide her. Unless the at fault party has some high limits or great personal wealth, her pain and suffering may not be worth suing for.

