If my damages in an auto case exceed what the at-fault driver is insured for, do I only have the option to except the maximum amount that they are insured for?

Asked on June 21, 2014 under Accident Law, Pennsylvania

Answers:

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

Answered 6 years ago | Contributor

If your damages exceed the policy limits of the at-fault party, you can sue the at-fault party for negligence.  If you prevail in the lawsuit, you can enforce the judgment with a lien on the at-fault party's property.  Pursuing a wage garnishment would be another option for enforcing the judgment against the at-fault party.


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