If a defendent’s insurance policy is a maximum of $50,000, can the plaintiff sue for more or do they have to take that amount?
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If a defendent’s insurance policy is a maximum of $50,000, can the plaintiff sue for more or do they have to take that amount?
Asked on March 29, 2013 under Accident Law, Virginia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The plaintiff can sue for more than the policy limits. Prior to filing a lawsuit, consider what the defendant's insurance carrier is offering and whether the policy limits may be sufficient. Since this case is an auto accident, compensation for your medical bills is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement. It would be advisable to consider whether it is worth filing a lawsuit and litigating the case or just accepting the policy limit of $50,000 as a settlement.
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