If I was hit by a car while I was walking but the driver only had liability $50,000, is anything that I can get?

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If I was hit by a car while I was walking but the driver only had liability $50,000, is anything that I can get?

My phone was tossed out the car by accident on the side of the highway. I got out of the car and was walking in the grass and from nowhere a car hit me. The driver had lost control trying to avoid my car. I suffered neck injuries and a bunch of bruising. How can I get something from her?

Asked on January 26, 2018 under Accident Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue the at-fault driver for the full extent of your injuries: e.g. for all your present and reasonably foreseeable future medical costs or care; for "pain and suffering" if you have incurred significant and long-lasting (months or longer) life impairment, disfigurement, or disability; for lost wages and earning potential. You would sue for the full amount of the losses/injuries/costs/etc.; the insurer only has to pay up to the limits of the policy (the policy is a contract:  they contractually obligated themselves to pay only up to a certain amount), but you could in theory get the surplus from the driver--she would have to pay out-of-pocket, or from her own savings, assets, income, etc. The reason we write "in theory" is that, as the old saving goes, you "can't get blood from a stone": if the driver doesn't have the money or income to pay the judgemnent you get against her, you won't see the money--a court order does not make money appear where there is none. A good idea is to meet with a personal injury attorney--many provide free initial consultations to evaluate cases; you can ask about and confirm this before making the appointment--to get a sense for what  your case might be worth and if, in the attorney's opinion, it is worth suing this person for your injuries and losses.


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.

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