What Happens When The Person That Caused Your Injury Doesn't Have Good Insurance?
If you were involved in an accident that caused a serious injury, your instinct is going to be to file a personal injury lawsuit against the responsible party so that you can be reimbursed for your damages. However, you may run into a problem where you find out that they don't have a good insurance policy with very low limits, and you are wondering how this will impact your case. Here is what you should know about this legal situation.
You Can Max Out Their Policy Limits
Even if the responsible party has an insurance policy with low limits for liability or property damage, you should still go after them to recover as much of the damages as possible. The insurance provider is going to have the deepest pockets to receive compensation from, and if you can max out that policy limit, then you are doing all that you can to get the most from their insurance.
You Can Use Your Underinsured Insurance Coverage
If you happen to have an underinsured motorist insurance policy with your car insurance provider, this is the perfect opportunity to use it. You will be able to make a claim with your insurance policy to hopefully cover the remaining costs associated with the injury. Of course, you will have your own policy limits in place that are based on the type of policy that you purchased. If you purchased a really good policy, you may be covered. If not, then you will have to find other ways to receive compensation.
You Can Go After The Individual
You also have the option to go after the individual that caused your injury and have them cover the rest of the damages. However, this can be problematic in several ways. If the person doesn't have the money to pay directly for your damages, they will have their wages garnished in order to pay for your damages over time. This can lead to a very slow financial recovery process on your end, which may be problematic if you have bills now that need to be covered. It's also possible for the responsible party to have to liquidate assets to cover the damages, but only if they have assets that they can sell.
Don't feel like an insurance policy will stop you from being compensated. Work with a personal injury lawyer in your area that can help you navigate this situation so you can explore all your options.