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Can you sue an insurance company for an accident for more than the insureds limits of coverage?
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Can you sue an insurance company for an accident for more than the insureds limits of coverage?

My husband died from a blood clot after a motorcycle accident. The other vehicle was in the wrong. They only have minimum insurance and nothing to sue for. Can I sue the insurance company for my loss over what they sold coverage for?


    




bundysmom
Rating
NO....you have to sue the at fault person. The insurance company can only pay what their insured's policy limits are--it's the policyholders responsbility to make sure they have the proper coverage, not the insurance company. If the guy doesn't have assets, why bother? The insurance will still only pay what his limits are. But good question.


ca_surveyor
Rating
The answer is that it is highly unlikely for many reasons.

First, unless there was fraud or negligence in the way the insurance company (the other party's) dealt with you, then they simply are doing their job. You can sue but you can not win.

Second: The insurance company didn't hit your husband, the other driver did. HE is the person at fault and he is the person you must sue. The insurance company has promised to insure that person, subject to the terms of his policy, up to the total amount of his policy. That is all that they are obligated to do.

BUT.. if you sue, you may be awarded more (or less) then that amount. If you win, say $1mil, then the insurance will pay to you (in favor of the other driver) the maximum amount of the insurance, and you must collect the balance from the driver.

There are a variety of ways.. in general they all take time. (Look at OJ's multi million dollar judgement.. people are STILL collecting on that and will continue to do so until he dies)

It sounds like you need to invest in a quick consultation with a lawyer to discuss the pro's and cons of pursuing litigation. You will have to factor potential awards with potential collection with attorney costs.

Good luck

.


Randy R
Only if you are filing suit for a "bad faith" claim. As in the company violated standards and practices in handling the claim.


J.R.
Rating
You cannot sue an insurance company. You sue the individual, and the insurance company defends them, and if they lose, they pay up to the limits of the individual's coverage. Any damages awarded over that amount would have to be collected from the individual.

That said, did your husband have uninsured/underinsured motorist coverage? If so, you can file with your insurance company for the difference. Call your agent to find out.

I am truly sorry about your husband.


mark
Rating
You can sue the defendant for more than they are insured for, but the liability limits of the insured will be the cap on the amount you will receive from the insurance company. If you win your lawsuit, any award beyond the liability limit will come directly form the defendant. If the accident was caused by a faulty automotive part, then you could additionally go after the manufacturer of the part


NY1Krr
Rating
I'm sorry to hear about your loss. You can always sue... but you wont win. The insurance company is only responsible for paying out the maximum limits on the policy. Any liability over that is the responsibility of the insured. You can sue the person responsible but if they dont have any assets I doubt you will ever see the money.


hsueh010
You can try, but I doubt you'll get anything. The people you need to sue are the ones that caused the accident. If they didn't have enough coverage it's their fault. They are the people who are liable, not the insurance company.

If the courts rule in your favor and they don't pay, you can have their wage's garnished to a certain extent.


filip
Rating
No you can not! Try to sue the person who did this! Sorry for your loss!


miketorse
Rating
You can try, but they won't be forced to pay you above the coverage.

You can sue the other driver of course personally.

Or you can not sue anyone. I hope your husband had adequate life insurance.

Sorry for your loss.

I'm curious what the other driver did to cause the accident. Drunk Driving? Speeding? If it something like speeding or making a dumb mistake, think about it before you ruin his life for something we all do on the road. However, if it was something bad and foreseable that he would hurt someone, go ahead and sue his a**.


tiff
JR's answer was right on. Unfortunately, what happens is if the insured person does not have anything worth loosing, they are likely to go with state minimums for coverage. Talk to your agent about Uninsured/Underinsured coverage on your own policy to see if there could be some coverage extension there. Good luck with all that. So very sorry about your husband.


Kat G
I am very sorry for your loss. Unfortunately, if your husband did not have life insurance there is nothing you can do. If the other people only had minimum coverage the insurance company is only responsible to pay out the amount of coverage purchased.


karen
my husband was badly hurt in a motorcycle accident. The man who hit him has only 50,000 in insurance, his house is worth 90,000 and he is 75 and not in great health. can we get a life insurance policy on him as a judgement? our medical bills alone are over 4oo,ooo and my husband is forced into retiremement. we are just trying to find a way to recoup something.


junior
pls i have a quetion what is foreseability is the remoteness of damage





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