Ok I was in a car accident last year and unfortunately still dealing with the pain from the injury, which is a bulging disc that basically causes pain for me in both arms. The fault in the accident was 100% the other party. But her insurance only has a policy limit of $ 25000. My medical bills have already racked up to $ 16000 and I haven't even had epidural injections which I'm supposed to get soon but those are just going to be more money. How will the insurance money offer the policy limit though? So far they've only offered $ 18000 but does that mean that I won't get any thing for pain and suffering? I mean I'm supposed to deal with this pain for the rest of my life and the therapy hasn't done anything. The pain just gets worse everyday. And I also wanted to know if personal injury award is different from the policy limit? So far all I have heard is that basically I'm screwed.
Any help would be greatly appreciated.
Thanks.
Answer by mbrcatz
The insurance will NEVER offer MORE than the policy limit. That $ 25,000, is for medical, AND pain & suffering.
Answer by MSAD
The policy limit is the max payable by the insurance company. They can not pay anymore than that.
However, if the at fault person does not have enough limits to cover your injury, you then contact your insurance company and file a claim under your Under-Insured Motorist Coverage.
Since the at fault person has $ 25K limits, your bills are already at $ 16K and you are still treating, I suggest you go ahead and call in a claim to your automobile insurance company and have a claim set up under your policies Under-Insured Motorist coverage. (I am assuming you have UIM coverage). That way, your insurance company can go ahead and do their investigation and get their claim ready to step in should it be needed. If it turns out you don't need to make a claim under the UIM coverage on your policy, you can then call your company and let them know so they can close the claim file.
Answer by StephenWeinstein
The policy limit is the most that they can be required to pay even if you take them to court and they lose. Since they never have to pay more than that, and might have to pay less, they have no incentive to offer that much.
If you feel that you should receive more than their offer, you can decline their offer, hire a lawyer, and sue. However, even if you win, the most that the insurance company itself will have to pay is $ 25,000, and 30-35% will go to your lawyer, leaving less than $ 18,000 for you and your medical bills. If there is a possibility of getting the person who caused the accident to pay something, in addition to whatever the insurance company pays, then this may make sense. (For example, if the court awards you $ 50,000, the other driver and the insurance company each pay $ 25,000, your lawyer gets $ 15,000, and your medical bills total $ 20,000, you are left with $ 15,000.) However, if the other driver has no money, and cannot pay anything, then you would be better just taking the $ 18,000 from the insurance company.
Answer by car253
The other party's insurance will only pay up to $ 25,000 for medical bills and pain and sufferring. So, you are right you might end up with nothing for pain and suffering. It may be time for you to either get an attorney or start thinking how to sue for the pain and suffering.
If the other party has lots of money you might get an attorney. Otherwise think about small claims court.
Answer by Tom Z
Policy limit = $ 25,000.
Personal injury award = Total of your damages (medical expenses + loss of wages + pain and suffering)
The policy limit is a finite amount. The personal injury award is not limited, it can be almost any amount.
Collecting the policy limit should be easy. Collecting the full personal injury award may be impossible.
Know better? Leave your own answer in the comments!
Orignal From: Is the policy limit on insurance different from the personal injury award?
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