can u sue the ins company for more then in the policy

by Guest » Wed Jan 05, 2011 09:12 pm
Guest

my family was in a wreck and the policy only pays 50000 can we sue for more

Total Comments: 2

Posted: Wed Jan 05, 2011 11:54 pm Post Subject:

You can do whatever you want. But there's some additional details that we need here. You mean the other person's insurance only pays 50k? And you want to sue them for more? You wouldn't sue your own insurance company because you didn't have enough coverage, that wouldn't make any sense at all.

Now, even if you sue someone for more, the big question is: do they have the assets to pay whatever the judgement is? If they don't, then winning a court case against them does little more than winning a court case against them.

Posted: Thu Jan 06, 2011 02:26 am Post Subject:

There are _very_ view Direct Action states. That is, you mostly likely cannot file suit against the insurance company.. they did not cause your loss. As you ask this, and as you are looking for more then $50k, you'd need to have an attorney handle the matter for you.

What would happen is that the carrier would provide their insured a defense in the matter. If a verdict was obtained for $50k or more, the carrier would simply offer up their $50k (or appeal). You'd then have a piece of paper called a Judgement that would allow you to then pursue recovery against the individual through the court system (garnish wages, place liens on property, etc).

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