What to do if I was in an auto accident and the responsible party only carries the minimum bodily injury coverage of $25,000?

UPDATED: Jan 14, 2014

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jan 14, 2014Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if I was in an auto accident and the responsible party only carries the minimum bodily injury coverage of $25,000?

My injuries and medical bills are extensive, not to mention the pain and suffering with several factures. If I take the minimal payment from the at fault party’s insurance company, will that negate me from being able to pursue a civil case against the at fault party?

Asked on January 14, 2014 under Personal Injury, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Taking an insurance payment does not automatically bar you from suing the at-fault party. The critical issue is what do any settlement agreements, stipulations, etc. which you sign say? If the paperwork says that you are giving up your right to pursue the at-fault party, then you can't sue--an agreement like that is enforceable. If the paperwork does not bar you from suing, you may sue. So review any/all paperwork carefully.

Before suing the at-fault party, however, it's a good idea to consider whether a lawsuit will get you anything. Typically, if someone has the minimum coverage, that's because he/she can't afford to pay for more, and/or has nothing worth protecting from a lawsuit; the at-fault driver may be effectively judgment proof.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption