What does the person who was at fault have to pay?

UPDATED: Oct 1, 2022

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What does the person who was at fault have to pay?

The person at fault insurance was covered for only 25000. My medical bills alone are 67000. If I were to take him to court and was awarded 100,000 then is it true his insurance company would still only have to pay the 25000 and I would have to get the rest from the person?

Asked on June 19, 2019 under Accident Law, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, that is true. An insurance policy is a contract; the insurer is only obligated to pay the amount it agreed to pay (and which the insured purchased or paid for as coverage), which is the policy limit. Any amounts over that limit, you'd have to get from the person who injured you, assuming he or she has the money.

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