Q: The lady who was at fault only carried the min insurance. Can I sue the insurance company for more?
I was in an auto accident back in March 2017. My back was hurt very badly. I'm still getting treatment and nothing has been helping. It is possible that I will have this pain for the rest of my life. The lady was at fault and was only insured for $20,000. I do have underinsured insurance. My medical bills are stacking up. I've been to the chiropractor, physical therapy, had xrays, an MRI, steroid injections on my lower back, injections on my upper back. Relief is not looking very promising. I'm only 32 years old and feel like I'm 90!! I honestly don't think that between the insurance that she had and my underinsured, that that is enough compensation for my medical bills, pain and suffering, plus all the pain I will have in my future and treatment I will need in the future. Is there any way to sue the insurance company for more?
A: You'd have to make a claim through your underinsured motorist coverage. That's what the underinsured coverage is there for. The other driver's insurer isn't obligated to pay more than its coverage limits, so it appears that her insurance has been exhausted. You'll have your underinsured motorist coverage available up to your policy limits, but that'll likely be it for your monetary recovery.
A: The quick answer is "no, you sue the lady, not her insurance company". You can collect on your underinsured coverage. What were your limits for UDM coverage?
A: Underinsured is all. I assume you have an attorney.If not, to rule out any other issues like crashworthiness, contact a member of the Ill. Assn for Justice.
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