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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 92728
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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if the person you are insurance and have serious injuries doctors

Resolved Question:

if the person you are insurance and have serious injuries doctors documentation to back the injuries where cause from wreck and the 25000 limit that is on coverage how ccan the insurance company get away with not even helping injured people when the they have proof that the accident was not their fault and have serious injuries doctor bills missed work damaged for life how can they get away with robbery why can t you pursue them in court and ask for more money than policy limits allows not fair please respond to my question I am paying for services
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 1 year ago.
thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am afraid that insurance policies are liable only for up to the maximum on the contract of insurance. If your damages exceed the limits on the policy then you can go to your own insurance if you have uninsured or under insured motorist coverage for payment and if not your recourse is to file a lawsuit against the party who was liable to you for causing your injury and get a judgment against that person and seek to garnish their wages or seize their property to cover your damages.

I am afraid that under state law and insurance law, insurance policy maximums are the most any insurance has to pay and anything over that is the liability of the insured liable party and you can sue them and possibly they have an umbrella or some other type of policy that will cover the excess damages.



I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

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Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.
Customer: replied 1 year ago.


thank you very much for your very experienced answer ,can you explain about umbrella clause ?i think this man that hit me and screwed my life up his not to much he is poor so going after his assets is a wasteful time and money

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

An umbrella policy is an insurance policy some people have that cover cases where there is excess damage that their auto policy does not cover because of the limits. Also, sometimes homeowners insurance will cover excess damages. Unfortunately, if he has neither and has no assets then you might not be able to collect since he has nothing to collect from. You also need to check with your own insurance to see if you have uninsured or underinsured motorist coverage.
Customer: replied 1 year ago.

I have bodily injury liability 25000 for each accident each person 25000 coverage 50000each accident I don't know if he his any other type policies I have 3 weeks before deadline and have wasted my time with legal advice that got me no where the last 2 years you have informed me with more information thank you again the lawyer I just had let me go a day ago so I am trying to find another one a good one my car was totaled out and my son was in the accident with me also he suffered whiplash and had to have months of therapy

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

I am very sorry you were treated that way by the lawyer you used, but you really need to go get a local personal injury attorney and at least get suit filed to find out if he has other insurance and also check your auto policy closely for your uninsured motorist policy that will cover your damages.

You can find another local personal injury attorney at the same sites used by other attorneys, http://www.martindale.com or http://www.hg.org or http://www.lexmundi.com
Law Educator, Esq., Attorney
Satisfied Customers: 92728
Experience: Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
Law Educator, Esq. and 3 other Personal Injury Law Specialists are ready to help you
Customer: replied 1 year ago.


checked my policy this is typed word by word from policy agreement uninsured motorist coverage insuring agreement we will pay damages which a covered person ,as defined in this part is legally entitled to recover from the owner or operator of an uninsured motor vehicle because of bodily injury. sustained by a covered person and caused by an accident which in no way involves the operation of any automobile by a non-covered person the owner's or operator's liability for these damages must arise out of the ownership, maintenance or use of the uninsured motor vehicle any judgment for damages arising out of suit brought without prior notice to us and, and without our written consent is not binding on a claim being made by any covered person , against us. a default judgment rendered against the owner or operator of an uninsured motor vehicle shall not be binding nor determinative of any issue arising in a claim being made by any covered person.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

You need to seek to file a claim with your own insurance for any excess claims, since it is likely that your policy would cover excess claims that the other insurance cannot pay because they exceed the maximum.
Customer: replied 1 year ago.

thank you so much for all your informative advice I have been so lost and scared hurt now I am facing surgery in future on my neck and have severe pain in sacroiliac joint I am going on the site you gave me hopefully I will get a lawyer that will work for me; very hard to find these days since I have police report that proves the accident was not my fault and file a claim with my insurance company will it likely make my insurance premium go up or can I file the claim or does the lawyer have ?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you very much. I hope you take action and call your insurance. Your lawyer should contact them for you ultimately, but you can call the insurance, since it is your insurance and tell them you want to file a claim on your uninsured / under insured policy and then turn it over to your attorney to complete negotiating.
Customer: replied 1 year ago.

ok thank you and will it cause my insurance premiums to go up since it was not my fault thank you again sir for your help you have helped me so much again thank you

Expert:  Law Educator, Esq. replied 1 year ago.
No, it should not cause your insurance premiums to go up, since this is a non-chargeable accident.
Law Educator, Esq., Attorney
Satisfied Customers: 92728
Experience: Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
Law Educator, Esq. and 3 other Personal Injury Law Specialists are ready to help you

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Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
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Licensed Attorney. Over 20 years experience in personal injury and law enforcement.