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Loren
Loren, Attorney
Category: Personal Injury Law
Satisfied Customers: 34393
Experience:  30 years experience in personal injury law.
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My wife was injured in an accident. She was informed from

Customer Question

My wife was injured in an accident. She was informed from her attorney that the settlement from the car accident from the person that hit her is only $15,000 because of minimum amounts that are required from the state of Nevada. She still has damage to her back that is needing $100,00 plus of medical services. Can she demand that a. have her attorney sue for more? b. contact the commissioners office and file a complaint? c. proceed to small claims court after the settlement and sue the carrier for additional expenses not covered in the settlement?What can you recommend?
Submitted: 5 months ago.
Category: Personal Injury Law
Expert:  Loren replied 5 months ago.

Thank you for using JustAnswer. I am Loren, a licensed attorney for over 30 yrs, and I look forward to assisting you.

Expert:  Loren replied 5 months ago.

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.

Customer: replied 5 months ago.
What is the process for pursuing?
Expert:  Loren replied 5 months ago.

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.

Expert:  Loren replied 5 months ago.

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Thank you!