I was going 25mph and was rearended by someone traveling 65mph...?

Question

I have suffered multiple injuries and scheduled for back surgery...Under what circumstances can an insurance company be forced to pay more than their customers limits and liabilities, if the limits are at the state minimum?

Answer 1

The insurance company can only pay up to the policy limits their customer has chosen.  You can do some research to see if the liable person has an 'umbrella' policy.  If so, you can make a claim on that.  If not, your only option is small claims court.

You also want to make sure your statute is protected.  Normally, you only have a 2 year time period to settle a bodily injury claim.  Your rehab time may be longer than that.  In order to do this you have to go through a court system.

Good luck to you!!

Answer 2

You would have to sue the at fault person to get more.

Answer 3

they can not be held liable for more than the limits on the policy.

you will need to sue the other driver.

Answer 4

You will have to sue the driver.

The insurance company only pays up to the policy limits.

Good luck on getting money , if they only have sate liability insurance, they probably won't have any money to pay you.

Good luck

Answer 5

The most the insurance company can pay is the coverage limit.  

If the other person does not have enough coverage, then you would file against your own under-insured motorist coverage.