Lawyers only! regarding car accident!He is at fault?
anglemoma asked:
Can we sue his car insurance company if the driver only has 1/4 of the money to pay the med bills that my mom has accumulated? My moms bills are already 400.000.00 and his insurance police only has $100.000.00. My mom is having Medicare pay until we settle, is this also the right way to handle this case. Or should we be submitting these bills to His insurance instead? My lawyer says we have to wait until we settle to submit any bills. Is this right thing to do?
Lawyers Attorneys FAQs
Can we sue his car insurance company if the driver only has 1/4 of the money to pay the med bills that my mom has accumulated? My moms bills are already 400.000.00 and his insurance police only has $100.000.00. My mom is having Medicare pay until we settle, is this also the right way to handle this case. Or should we be submitting these bills to His insurance instead? My lawyer says we have to wait until we settle to submit any bills. Is this right thing to do?
Lawyers Attorneys FAQs
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October 21, 2009 | Filed Under Accidents & Personal Injuries Lawyers
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4 Responses to “Lawyers only! regarding car accident!He is at fault?”
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If medicare is paying the bills, then you aren’t entitled to sue for any amount they pay. They are already paying the bills. The 400k in bills you see is no where near what hospitals accept as payment. If she is covered by medicare, they will go after him for more money. You can only sue for out of pocket expenses and pain and suffering.
His insurance is only obligated to pay up to the limits of his policy….so $100,000. You can sue the individual for the rest, but not the insruance company.
You appear to not understand what is happening. The correct person to explain it to you is the attorney. There are insurance covrages like underinsured motorist coverage and the other driver may have attachable assets. The entities paying the bills up front seem to have a right to collect what they paid because of subrogation clauses written into their coverage and they may have the right to collect their money before your mother gets a penny. Best to sit down and talk with the lawyer to find out what to expect.
If your mom’s damages, that are not covered under any other plan, exceed the other party’s limit then there is no point in suing the other party’s insurer because the insurer has met their obligations. No judge on the planet is going to order an insurer to pay for a coverage or a limit that their insured didn’t pay for or request. Anything in excess of the policy limits will have to be paid for by the other party. Your mom may have underinsured motorist coverage under her own auto policy, if she has one.