Calhoun, GA asked in Personal Injury, Car Accidents and Civil Litigation for Georgia

Q: Iwas hit head on by a dui driver. I'm having Trouble findingattorney that willget anything but their insurance cov. Wtd

I was hit hit on by the UI driver.I'm having trouble finding you attorney that will ask for anything.But their insurance coverage is what should I do

3 Lawyer Answers
Michael W. Horst
Michael W. Horst
Answered
  • Personal Injury Lawyer
  • Alpharetta, GA
  • Licensed in Georgia

A: In order to recover more than the available insurance coverage, a lawsuit will need to be filed against the DUI driver. Lawsuits are expensive and take time to make their way through the courts. Ultimately, the litigation will end with a trial wherein you may recover more than the available insurance. If that happens, then you will have to pursue the DUI driver's personal assets. That is often a difficult, expensive, and time consuming process which often does not result recovering much additional. Also, if the DUI driver has few to no assets, spending time and money litigating the case will prove to be little more than an exercise in futility. It is for these reasons most attorneys seek to recover the available insurance but nothing further.

Tim Akpinar agrees with this answer

Tristan Blain Morrison
Tristan Blain Morrison
Answered
  • Personal Injury Lawyer
  • Alpharetta, GA
  • Licensed in Georgia

A: Michael is correct. If your attorney has already sent a demand to the insurance company for the drunk driver, and they paid, then you can seek money from your own UM/UIM (underinsured motorist) coverage. This is insurance that you can buy (before an accident) to provide you with extra money if the negligent driver does not have enough insurance coverage to "make you whole". If all the insurance companies send you timely settlement checks, and they do not act in bad faith, then typically that is all the money you will be able to recovery, regardless of the extent of your injuries. However, if the liability carrier acts in bad faith, then you can potentially get an "excess verdict" from a jury. You should consult with an attorney about whether there is any possibility of pursuing a bad faith claim. Best of luck.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: If you have the police report, try to arrange a free initial consult with an attorney who handles accident cases. One option you have is to pursue as a UM claim. Some attorneys do not like to work on those - that could explain the difficulty in finding an attorney. Good luck

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