Green Bay, WI asked in Personal Injury and Car Accidents for Wisconsin

Q: If I got injured in a car accident due to the other driver's negligence but they have insufficient insurance coverage to

pay my medical bills, am I allowed to sue the driver directly for the remainder?

2 Lawyer Answers
Emmanuel Muwonge
Emmanuel Muwonge
  • Personal Injury Lawyer
  • Wauwatosa, WI
  • Licensed in Wisconsin

A: Yes. You may file a claim over and above the amount of the special damages in this case, your medical bills. If for example the medical bills are $30,000.00 and the medical pay provisions of the applicable insurance policy are $25,000.00 and the liability coverage is , for example, $50,000.00, there is nothing that prohibits you to collect over and above what your medical bills were and or amounts over the med pay provisions of the applicable insurance policy.

Underinsured motorist coverage deals with situations where the other driver’s insurance is far less than what is needed to compensate you. However, If the person who injured you had a $50,000/$100,000 liability limits and you had underinsured motorist coverage in the same amount, you would receive nothing.

Those damages include not only medical expenses and loss of income, but the overall impact of a serious accident on the injured person’s quality of life.

From your question, it is not clear whether or not you did present a medical bills claim that was paid to the maximum of the policy med pay provisions or, you are just inquiring if that can be done. Whatever you do, please make sure that you do not sign any release releasing the insurance company and their insured from any and all liability because if and when you do, they would be off the hook and you would be unable to present additional claims in the future.

Please consult with a practitioner who practices in the Personal Injury area so that you may be helped. I hope that this summary helps you understand what you must do in order to protect your interests and also get the justice you deserve.

David Alan Wolf
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  • Personal Injury Lawyer
  • Jacksonville, FL

A: Yes, you have the right to sue the at-fault driver if there is insufficient coverage; however, the insurance carrier will not pay out a settlement without a Release. As such, you would not be able to collect the insurance proceeds from the at-fault driver's insurance company and then go after the at-fault driver for more money. Discuss the issues with a local personal injury attorney. There are a number of practical issues when there is a lack of sufficient insurance coverage.

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