If a driver ran a red light and hit me but my underinsured motorist is not enough and their insurance is not enough, what should I do?

UPDATED: Dec 20, 2011

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If a driver ran a red light and hit me but my underinsured motorist is not enough and their insurance is not enough, what should I do?

My underinsured motorist coverage is less than $15,000. The other insurance company will settle only for max $15,000. The total may be around 16-17 or 18k – rental car, value of car, storage fees, medical co-pays etc. I don’t have collision.

Asked on December 20, 2011 under Accident Law, New Jersey


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are dissatisfied with settlement offers from the at-fault driver's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the at-fault driver and registered owner if the registered owner is someone other than the at-fault driver.

You will need to file your lawsuit for negligence prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

If your lawsuit results in a judgment against the at-fault driver/registered owner, you can enforce the judgment with a wage garnishment.

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