I have a claim against the other person’s auto insurace comp. For well over 100,000 due to everything i’m out. This person is only covered for 100,0

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Mar 16, 2012

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Insurance Question from Bretzville, IN

Asked on 03/16/2012

I have a claim against the other person’s auto insurace comp. For well over 100,000 due to everything i’m out. This person is only covered for 100,0 Can I only get 100,000? I have uninsured motorist up to 100,00, but my insurace company advised as long as she had 100,000 they will not pay anything on it.

Answer given on March 17, 2012

The other party’s insurance company will only pay up to the limit in the policy, which appears to be $100,000. If you have uninsured/underinsured motorist coverage, and you have an actual loss of bodily injury that exceeds the $100,000, your insurance company should pay the additional amount. However, if you are only trying to obtain additional money for your inconvenience, your insurance company will probably not be willing to pay this. The uninsured motorist coverage is meant for an actual loss, not for inconvenience. If the $100,000 includes damages to your car plus bodily injury, you may be able to ask your insurance company for additional money for the bodily injury portion since part of the settlement was for your car. You can ask the other person to pay for additional financial loss. You will probably have to file a claim against them in small claims court in hopes of getting a settlement from them. However, even if you get a judgement against them, you still have to pursue them for that amount. There is no guarantee they can, or will, pay the money you are requesting.If you have been reimbursed for all damages and injuries from the loss, you are probably better off just letting everything else go.

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