Legal Question in Personal Injury in North Carolina

If I was injured in an accident, and the responsible party does not have enough insurace to cover my medical bills, what is my recourse?


Asked on 7/09/10, 5:34 am

2 Answers from Attorneys

Geneva Yourse Cauley Pridgen, PA

If the responsible party does not have enough insurance coverage to cover your medical bills, you can sue him personally. For example if he coverage limit is $30,000 and your damages are $50,000, you can get $30,000 from the insurance company and sue the responsible party personally for the additional $20,000. This can be a complicated process, so you should contact an attorney before filing the lawsuit.

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Answered on 7/10/10, 12:21 pm
John Kirby Law Offices of John M. Kirby

In addition, you might have a type of insurance called "underinsured motorist coverage," which will basically provide you with more coverage for your injuries. This is much more appealing then pursuing the responsible party and trying to collect e.g. $20,000, if you have such coverage. In view of your medical bills, you probably need to consult with an attorney to discuss your case in more detail. (And if you file the lawsuit without properly notifying your underinsured motorist carrier, then you might lose that coverage entirely.)

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Answered on 7/10/10, 8:49 pm


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