Can I sue the insurance company for more than the max of the policy that states 30k per person/60k per accident?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jan 21, 2012

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Insurance Question from Anaheim, CA

Asked on 01/21/2012

Can I sue the insurance company for more than the max of the policy that states 30k per person/60k per accident? Hit and run accident. I was a passenger and my boyfriend was the driver. His insurance is settling with me. My medical bills, treatment, and loss of wages are already more than $38k. My boyfriends damages include his car and around $5k in medical bills. His policy covers $30k per person and $60k per accident. The insurance company is offering the max on the policy, $30k. Is there any way I can receive more to cover all my damages?

Answer given on January 21, 2012

Auto insurance is written in different limits for bodily injury to a victim of an accident. The limits are either a per person limit and then a per accident limit or a single limit policy that applies to bodily injury and property damage under one limit. The insurance company is offering the maximum available under the policy for bodily injury on the per person limit. They cannot and will not pay any additional under the bodily injury limit. If there is an medical payments coverage under your boyfriend’s policy, the company may be able to offer an additional amount based on that limit.If you have auto insurance, you could file a claim under your uninsured/underinsured motorist coverage. This is for injuries sustained when you are injured by someone who has no insurance, or not enough insurance. Talk to your insurance agent to see about filing a claim through that coverage. Also, if you have medical payments coverage on your insurance policy, you may be able to collect for injuries through that coverage.

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