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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: Jul 13, 2010

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Insurance Question from Boogertown, NC

Asked on 07/13/2010

underinsured I was rear ended in 12-06-08 . I was at a complete stop and 3 vechicles hit one after another into me.Car directly behind me was charge. Now they say there isnt enough money to cover myself and 2 others in my van. My van was total out, I need back surgery[but chose not to] and my fiancee had knee surgery. Now I have full coverage and my ins paid for my van because the other car { in fault} ins would not. My question is do I need to file the bills on my ins. under the underinsured? In 12-06-08 did everyone have to have under insurance because I can not find my policy. Again I had full covrage

Answer given on July 17, 2010

The details you have given are a little vague.  If the car behind you was charged with your damages and injury it seems they would pay for the damage to your car, up to the property damage limits.  If your insurance company paid for your car, they should subrogate against the other party for as much as may be collectible.  For the bodily injury it sounds like they also used up their limits.  You can then go to your uninsured/underinsured motorist coverage for some recovery.  You need to discuss the bills you have with your adjuster to work out the best solution and best recovery for you and your fiancee.  If she has car insurance she may be able to collect under that policy for medical payments and uninsured/underinsured motorist coverage.  As a last resort you could sue the other party, but if they have low liability limits there may not be much chance of recovery through the courts.

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