What is the amount of insurance isn’t enough to cover the bills?
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What is the amount of insurance isn’t enough to cover the bills?
My daughter was in an accident, where the other party was at-fault. She broke her
foot pretty bad, requiring surgery. We live in OK and the other party had state
minimum, which is 25-50-25. There was a passenger in the other car who was also
hurt, so the ins. company split the 50K between my daughter and the other
injured party. My daughter’s bills have exceeded the 25K of coverage he had, so
do we sue the individual or the insurance company?
Asked on January 27, 2017 under Accident Law, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You sue the individual. The insurer's only obligation is to pay the amount contractually (an insurance policy is a contract) they agreed to pay: e.g. $50k split between the injured persons. The at-fault driver, however, is potentially liable or responsible for all the costs of the injuries or damage she did (including, besides medical bills, lost wages, if your daughter missed work; and also pain and suffering, if she has experienced prolonged disability or life impairment), regardless of the limits of her coverage. Her insurance limits do not limit her liability.
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