Personal Injury Law
Personal Injury Law Question? Ask Personal Injury Lawyers.
Thank you for using JustAnswer. I am Loren, a licensed attorney for over 30 yrs, and I look forward to assisting you.
The insurer is only liable for the policy limits. If the insurer has tendered policy limits then the next step is to sue the responsible party (not their insurance carrier) for the additional damages. You would need to pursue the assets of the other party for satisfaction of the judgment which is in excess of their policy limits.
It is no different than filing suit where there is insurance. You file the complaint in the court agaisnt the negligent party and serve the defendant. Then you prove the case and receive a judgment (hopefully).
The only difference is that you will need to look to the defendant's assets, rather than insurance to collect the judgment.
If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question.
There is no additional charge to you for a 5 star rating of my service.