Uninsured motorist claim – trial by jury

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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: May 22, 2017

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Insurance Question from Camp Pendleton, CA

Asked on 05/22/2017

Uninsured motorist claim – trial by jury My daughter was rear-ended while stopped at a stoplight by a driver who did not have insurance and she suffered brain injury. Her insurance was the minimum for Missouri but her expenses are greater than her coverage. If her lawyer were to take the case to court, could the jury decide on a settlement greater than her policy limits?Also, she lives in Missouri but the accident happened in Kansas, should the case be convened in Missouri or in Kansas?

Answer given on May 25, 2017

If your daughter was injured in an auto accident and the other driver who caused the accident has no insurance, your daughter’s car insurance will only pay up to the limit for uninsured/underinsured driver and, if she has medical payments coverage it will also pay under that portion of the auto insurance policy.

If you want to go to court for an additional settlement, it lawsuit will have to be against the driver who was uninsured.  Your daughter’s insurance policy cannot be made to pay an additional amount above the policy limits. Your daughter chose the amount if insurance she wanted to purchase and higher limits were available. 

It is most likely a lawsuit against the other driver should be filed in the state where the accident happened but you would need to talk to an attorney about that.  That is a legal question and does not fall under insurance questions.

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