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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 8 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.


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