are damages sustained from an at fault driver limited to his coverage?

UPDATED: Oct 1, 2022

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are damages sustained from an at fault driver limited to his coverage?

my friends were struck when a driver crossed over the center line he was found 100 at fault and his insurance has a maximum coverage of 100,000.00 per incident and or 25,000.00 per person. It is obvious from the extent of injuries that the medical alone will be well over the 100,000.00 maximum. Does this mean that is all they are entitled to?

Asked on February 28, 2018 under Accident Law, Alabama


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

Answered 4 years ago | Contributor

The attorney is correct.  Policy limits are the maximum that can be recovered from the insurance company.
If one is dissatisfied with settlement offers from the at-fault party's insurance carrier, the recourse is to reject the settlement offers and file a lawsuit for negligence against the at-fault party.

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