If I was in a auto accident but the at-fault driver is underinsured, what can I do?
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If I was in a auto accident but the at-fault driver is underinsured, what can I do?
The other party was at fault. I had permanent injuries. Plus, I had surgery on my neck and spine. I had to resign from my certified job. I lost 100k in wages and my medical bills piled up to almost 200k. The at fault party only has 30k in insurance. How can I get paid for my pain and suffering lost wages and medical bills? Do I have to accept the 30k or can I get more?
Asked on August 10, 2015 under Personal Injury, North Carolina
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Your recourse is to reject the settlement offer with policy limits of $30,000 and sue the at-fault party for negligence.
Compensation for the medical bills is straight reimbursement.
Compensation for pain and suffering is an amount in addition to the medical bills based on the medical reports.
Compensation for wage loss is straight reimbursement.
After obtaining a court judgment against the at-fault party, you can enforce the judgment with a wage garnishment and a lien on the person's property if the person owns a home.
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Your recourse is to reject the settlement offer with policy limits of $30,000 and sue the at-fault party for negligence.
Compensation for the medical bills is straight reimbursement.
Compensation for pain and suffering is an amount in addition to the medical bills based on the medical reports.
Compensation for wage loss is straight reimbursement.
After obtaining a court judgment against the at-fault party, you can enforce the judgment with a wage garnishment and a lien on the person's property if the person owns a home.
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