Legal Question in Personal Injury in South Carolina

questions about an auto accident

I only have uninsured (not underinsured) coverage, other than my collision (on my car-that was totaled in the wreck) and liability on both of our cars , can any of my coverage as explained above kick in when his coverage limits (15/30/10) are reached? Also, if I call his insurance, legally do they have to tell me his limits for bodily injury and how many vehicles he has coverage on, if I ask? And as with the Loss of Consortium, is this considered seperate from my case (can it be sought separately?) or does it coincide with the settlement for the entire accident? Thank you for your time, I hope you can respond to me soon. And again.... Thanks

P.S.- Is pain and suffering 3 times the medical, I've heard that, but not for sure, could you please enlighten me on this question also.


Asked on 3/16/05, 9:59 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: questions about an auto accident

Only underinsured will kick in as backup insurance. However, I told you before that there might be other policies that could apply. His insurance company has no legal obligation to tell you the policy limits. That is something that lawyers find out through the discovery process after suit is filed. Loss of consortium is a separate claim, but usually handled at the same time as the injured person's claim. Pain and suffering is not calculated at a rate of 3 times the medical bills. There are other issues, legal and otherwise that go into that calculation. Good luck.

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Answered on 3/17/05, 11:26 am


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