If I was in a auto accident but the at-fault driver is underinsured, what can I do?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I was in a auto accident but the at-fault driver is underinsured, what can I do?

The other party was at fault. I had permanent injuries. Plus, I had surgery on my neck and spine. I had to resign from my certified job. I lost 100k in wages and my medical bills piled up to almost 200k. The at fault party only has 30k in insurance. How can I get paid for my pain and suffering lost wages and medical bills? Do I have to accept the 30k or can I get more?

Asked on August 10, 2015 under Personal Injury, North Carolina

Answers:

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

Answered 5 years ago | Contributor

Your recourse is to reject the settlement offer with policy limits of $30,000 and sue the at-fault party for negligence.

Compensation for the medical bills is straight reimbursement.

Compensation for pain and suffering is an amount in addition to the medical bills based on the medical reports.

Compensation for wage loss is straight reimbursement.

After obtaining a court judgment against the at-fault party, you can enforce the judgment with a wage garnishment and a lien on the person's property if the person owns a home.

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

Answered 5 years ago | Contributor

Your recourse is to reject the settlement offer with policy limits of $30,000 and sue the at-fault party for negligence.

Compensation for the medical bills is straight reimbursement.

Compensation for pain and suffering is an amount in addition to the medical bills based on the medical reports.

Compensation for wage loss is straight reimbursement.

After obtaining a court judgment against the at-fault party, you can enforce the judgment with a wage garnishment and a lien on the person's property if the person owns a home.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption