Can I submit a claim or sue for a higher amount than what an at-fault driver's policy allows?
Can I claim the full amount of my medical bills if it exceeds the at-fault driver's limits? Do I need to sue? I was injured and the at fault driver only has $15,000 in bodily injury coverage. My medical bills are $25,000.
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Answered on Jul 09, 2021
Emily Maracle is a car insurance specialist living in New York. Originally from the Pacific Northwest, she has a degree in English Literature and a background in customer service. She enjoys cooking, gardening, and living sustainably. In the future, she can't wait to upgrade to a hybrid or electric car.
“With a bodily injury liability limit, the at-fault driver’s insurance is not required to pay you anything that exceeds their policy limit. They may attempt to settle with you for an amount, but it typically won’t be above the at fault driver’s limits.
If you want the other driver to cover all of your medical expenses, you’ll likely need to get a lawyer involved. A lawyer that specializes in bodily injury claims would be the best person to consult. They can give you a better idea of what’s possible and if you can sue for the full amount.
If you decide you don’t want to move forward with a lawsuit, you should also look into your own insurance coverage. Your health insurance or comprehensive coverage (if you have it) may provide coverage to cover your remaining medical costs.”
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