If I was hit by a car while I was walking but the driver only had liability $50,000, is anything that I can get?
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If I was hit by a car while I was walking but the driver only had liability $50,000, is anything that I can get?
My phone was tossed out the car by accident on the side of the highway. I got out of the car and was walking in the grass and from nowhere a car hit me. The driver had lost control trying to avoid my car. I suffered neck injuries and a bunch of bruising. How can I get something from her?
Asked on January 26, 2018 under Accident Law, Kansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You can sue the at-fault driver for the full extent of your injuries: e.g. for all your present and reasonably foreseeable future medical costs or care; for "pain and suffering" if you have incurred significant and long-lasting (months or longer) life impairment, disfigurement, or disability; for lost wages and earning potential. You would sue for the full amount of the losses/injuries/costs/etc.; the insurer only has to pay up to the limits of the policy (the policy is a contract: they contractually obligated themselves to pay only up to a certain amount), but you could in theory get the surplus from the driver--she would have to pay out-of-pocket, or from her own savings, assets, income, etc. The reason we write "in theory" is that, as the old saving goes, you "can't get blood from a stone": if the driver doesn't have the money or income to pay the judgemnent you get against her, you won't see the money--a court order does not make money appear where there is none. A good idea is to meet with a personal injury attorney--many provide free initial consultations to evaluate cases; you can ask about and confirm this before making the appointment--to get a sense for what your case might be worth and if, in the attorney's opinion, it is worth suing this person for your injuries and losses.
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