My wife was in a car accident she tore her acl and minscus dr told her she needs to have surgery. The other driver was at fault and admitted this at the scene. The cost of the surgery is 20,000 plus rehab and time off of work. We are turning the claim into my health Ins who will then go after the driver at faults ins. The other drivers limit is 25000 bodily injury. If the limits are exhausted for my wife where do we get our pain and suffering and how much can we do you think we will get. I understand that there's not a direct formula on what we can get. Also we were told we could go after the driver of the car my wife was in and use there under-insured motorist coverage. Is that coverage able to pay for pain and suffering. Thanks
My wife was the passenger. Her sister was driving and if was her grandfathers car. My wife and I are not named insured on any active policy.
Answer by sydkan
As far as how much you can get...that's hard to say. it's very subjective and you will not get an accurate answer anywhere on this form. It is NOT three times your medical or any set formula. Many factors go into settling an injury claim.
I am thinking by your question was that your wife was a passenger in someone else's vehicle. Depending on the state is it possible you may have an underinsured claim with that policy, if not your policy should take over.
Hope this helps.
Answer by ANDREA C
the insured amount just releases the insurance company of any furthur obligation however the other party at fault may still be held liable for the additional cost as far as pain ans suffering and lost wages that would have to be determined by a court of law seek an attorney
Answer by MSAD
Depending on the laws of your state - you may be able to file under the car's Uninsured Motorist coverage. UIM coverage is different in each state. Your best bet is to ask the adjuster handling your claim or your insurance agent. They will know more about your states laws and how things work there.
Answer by Gambit
Once the other party's limits are exhausted then any further compensation have to be covered by them out of pocket. You may have the ability to seek compensation under the vehicle you were traveling in Underinsured Motorist protection, however you will need to speak to their adjuster about this.
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Orignal From: Car accident claim question?
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