Policy limits less than costs of injury

[peachy]

Husband in MVA, other party at fault, pleaded guilty, paid his fine.

DH injuries medical costs are adding up fast, not to mention time lost from work, surgery, and nerve damage to face causing eye not able to blink. Dr.'s cannot say when or if this will totally resolve.

The at fault's insurance liability coverage is only 25K.
We have a lawyer, as we've no idea how to cordnate all this mess, and of course are asking for pain and suffering for this, as God knows there is/have been plenty of that. Not to mention future ongoing medical issues.

Sounds like after all these medical bills are paid, legal fees, etc., there won't be anything left. Do we have any recourse to be left with anything other than this? At fault has no property, etc. Our lawyer says it's rare to go after their personal property or wages, etc. anyway.

[Mr. Knowitall]

Unfortunately, you can't get blood from a stone. Your lawyer is correct that it is unusual (although it is certainly possible) to seek a verdict beyond policy limits - most people aren't collectable past that amount, or would file bankruptcy to avoid a large verdict. And if this guy has no money to recover, getting a big verdict against him probably means getting an uncollectable verdict. (Sure, there's a tiny chance that he'll get a huge inheritance or win the lottery, but realistically a deadbeat usually remains a deadbeat.)

[peachy]

After doing more research, and speaking to my lawyer's office,(which I should have already done) they say that OUR policy should pick up and pay from our UIM, after the other party's have paid, depending of course the suit amount that everyone settles for.

We have 100K on out policy. So due to the seriousness of his injury, lawyer feels we should not have any problems of being dealt fairly with.

He stressed to us that is what our UIM policy is for, and we shouldn't feel bad about using it in a case like that. I mean that's what we are paying for, right?

[Mr. Knowitall]

Certainly. If you have been paying for underinsured motorist coverage, you shouldn't feel at all guilty about making a claim under that provision of your insurance policy. (Would the auto insurance company feel bad and return your premiums if you didn't make a claim?)

[peachy]

Exactly, and we having been paying this for many years now.

I never knew just how important having the right kind and enough of auto insurance was. Too bad more people don't realize it.

Now, we will just hope for the best outcome, and play the waiting game and try to get on with our life dealing with his injuries, and hope they get better with time.

[eureka]

I can't agree more on having UIM. I always had the lowest liability on my auto insurance. But, with all the drivers nowadays not paying attention (cell phones, etc...), I decide to get a lot more and sure enough 6 months after I did that a woman on a cell phone rear-ended me at a red light doing about 50-55 mph. If she had $25,000 coverage and I had the same then all I could get for my injuries would be $25,000. Now I have $250,000 UIM coverage and probably should have more. The last I heard was that AAA & State Farm do not allow you to purchase this extra insurance.

Don't be a fool. Switch to a company that offers it.