If the insurance policy of driver who ran me over is maxed out at $25,000 and my bills are $100,000, who pays the rest plus my pain suffering lost wages, etc?

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If the insurance policy of driver who ran me over is maxed out at $25,000 and my bills are $100,000, who pays the rest plus my pain suffering lost wages, etc?

Asked on October 16, 2012 under Accident Law, Oklahoma

Answers:

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

Answered 9 years ago | Contributor

You will need to sue the at-fault driver/ registered owner of the vehicle (if the registered owner of the vehicle who hit you is someone other than at-fault driver) for negligence.  Your damages (the amount of compensation you are seeking in your lawsuit) would include the medical bills, pain and suffering, and wage loss.

Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills, and is based on the information in the medical reports which document the nature and extent of your injury.  Compensation for wage loss is straight reimbursement.  You will need to file your lawsuit for negligence prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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