Legal Question in Insurance Law in Mississippi

Auto accident insurance coverage

My family was involved in an accident in which my husband was driving. The other car is at fault. Our insurance company is now telling my sister and myself that whatever their insurance does not cover in medical bils, time off for work, and pain and suffering, that it will come back on her insurance or our insurance. Can they file the settlement on her insurance? Can they file her settlement on ours? Should we get a lawyer?


Asked on 9/26/03, 4:43 pm

1 Answer from Attorneys
Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: Auto accident insurance coverage

Yes, you should get an attorney. Insurance coverage has limits. When an injured party's damages exceed an insurance company's limits, the insurance company is not required to pay anymore. For example, if you're injured and have $7K in medical bills and $4K in lost wages, and the person who caused your accident has only $10K in insurance, they'll pay their $10K and that's it. You're out $1K, unless you have uninsured/underinsured motorists coverage or medical payments coverage (your insurance), which will pick up the difference. Claims on UM or med-pay coverage do not raise premiums, so you shouldn't be shy about it. Call us if we can help further.

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Answered on 10/03/03, 5:10 pm


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