If I am only allowed a policy max of 100k from his ins.! can i get more money from my own insurance?
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If I am only allowed a policy max of 100k from his ins.! can i get more money from my own insurance?
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Is it possible for me to file an uninsured claim against my own insurance if the 100k is not enough, and when do I file the claim if I can?
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speedwell
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No, it is not possible to file an "uninsured" motorist claim against your own insurance. You have already indicated that there is a responsible carrier paying 100k towards your loss.
However, it may be possible for you to file an UNDERinsured motorist claim against your own policy. You will need to contact your insurance company and advise that you intend on using your underinsured motorist coverage to put them on notice. You need to file the claim as soon as possible, and definitely before the statute of limitations runs out.
They will monitor your settlement with the other insurance company periodically, probably with phone calls to you or the other insurance company. If at the conclusion of your third party claim with the other carrier, you find that you have losses exceeding their limits, you will then need to present the same claim to your own carrier. Be prepared to submit the same evidence/bills/etc to both carriers as they will be reviewing your claim independently of each other. |
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blb
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Depends on your state. If you have underinsured motorist coverage on your policy and your limits are higher than 100K then you can turn in a claim under your own auto policy. You would not be able to turn in a claim under uninsured motorist as the other party did have insurance |
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Howard L
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If his $100K doesn't cover your loss and your insurance won't cover the rest you can sue him directly for the rest. It is possible to get a court order to garnish his salary, put a lien on his house, confiscate personal property... |
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