What happens if the person who hit me on my motorcycle was insured for a maximum of $30,000 only?

She was not ticketed for the accident. Is there further compensation from her insurer that could be recovered on my behalf or is that the end dollar amount paid out on such claims no matter what?

Asked on June 2, 2014 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

An insurer is only responsible up to the policy limits, so you cannot recover anything more from her insurer than the $30,000 policy limit. (Remember: the insurer is only responsible because of the insurance policy, which is a contract; and therefore is only responsible up to the level it contracted to pay.)

You can sue the driver herself and, if you can prove she was at fault, recover additional amounts from her *if* she has the income or the assets (e.g. a house or other real estate) to pay the judgment. As the saying goes, though, you "can't get blood from a stone," so if she is fairly insolvent, even if you sue her and win, you won't get any additional money.


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