What happens if tan at-fault driver has a limit of $50,000 and the to-date medical bills are around $38,000?

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What happens if tan at-fault driver has a limit of $50,000 and the to-date medical bills are around $38,000?

Can I ask for more than the $50,000 limit? And, if so, would it be worth it?

Asked on May 28, 2013 under Accident Law, Texas

Answers:

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

Answered 8 years ago | Contributor

When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your total medical bills, medical reports and documentation of any wage loss.  Your personal injury claim filed with the at-fault party's insurance carrier should include these items. 

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine  compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

If the policy limit of $50,000 is inadequate compensation to settle your case, then you will need to sue the at-fault party for negligence to try to recover an amount beyond that policy limit.  If you sue the at-fault party for negligence, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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