Charles Town, WV asked in Car Accidents and Personal Injury for West Virginia

Q: Injured in car accident that I was not liable for, how to get compensated?

No citations were issued, however, the other driver's insurer accepted liability. The other driver was a 17 year old boy. Now, It appears that my medical costs may exceed the liability portion of the other driver's parents' policy. If my costs do exceed that limit, how do I obtain further compensation to make me whole? A 17-year old likely has no assets, would/can I file suit against his parents, who own the car? It's also been suggested to me that the underinsured driver portion of my policy would pay? Thank you!

2 Lawyer Answers
Albin Moser
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  • Personal Injury Lawyer
  • Providence, RI

A: Yes, you should contact your own motor vehicle insurance company and discuss with them your underinsured motorist insurance. If there is money under your policy to pay for the amounts beyond the limits of the other driver's policy, then you are fortunate to have those benefits. Although you can sue the driver for personal liability beyond the limits of insurance, as you suggested, the driver might not have much in assets to pay liabilities beyond the insurance coverage. And the parent's liability for the acts of the child is limited.

Randy Bryan Ligh
Randy Bryan Ligh
  • Personal Injury Lawyer
  • Baton Rouge, LA

A: You can handle this yourself, however I recommend that you hire a personal injury/accident lawyer to represent you. You have mentioned a few things in your post which suggests that your case is not as simple and straightforward as many accident cases and hence my believe you need representation.

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