I was in a car accident and my dominant arm was injured and will need surgery and I have a buldging disc in my back. I also lost my job due to not being able to go back to work. I now found out that the person who was at fault has a policy limitation for 25,000 and the medical bills are more then that. I was wondering is there a way around it?
2 Answers from Attorneys
I hope you recover soon. Hopefully you hired a lawyer - on average, claimants with no lawyer tend to get about 80% less than those with a lawyer, and with so much at stake you need counsel. Every word you say direct to an insurer will usually diminish the value of a case.
The easy answer depends on you doing what ALL drivers should do and that is carry a high limit UM coverage. If you, or a family member does, you may be able to make an uninsured/underinsured claim with your own carrier and the value of that claim will often hinge on you having a lawyer.
Additionally, a lawyer will investigate other coverages the at fault driver may have (if he is on for example someone else's policy too, or has a personal umbrella). In some cases there may also be ways to get a judgment above the policy limits and collect via garnishment, etc (although bankruptcy can easily kill most such claims).
You may or may not have other options, but without a lawyer, most will never get pursued.
Roughly 20% of all GA drivers are uninsured and roughly 35% of all Georgia drivers have the minimum limit of $25K in liability insurance. That means if you are in a motor vehicle collision the odds are greater than 50% that you will have &25K; or less in liability insurance to make your claim against. The only real way to protect yourself is to get high limit UM coverage. Sometimes the attorney can find other insurance on the opposite driver even he/she doesn't even know about. Contact an attorney who is an expert in auto insurance claims ASAP. Hopefully that attorney will be able to find insurance coverage to compensate you in the hodgepodge system we have in GA.
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