Auto Insurance Claims: Motorcycle accident claim question, motorcycle accident, coverage limit


Question
While riding my motorcycle I hit a pedestrian. My insurance considered me 100% at fault: "failure to yield to the pedestrian in the crosswalk."
At the time of the accident I was riding about 30 mph since it was a busy street.  I did not hit the pedestrian until I had slammed my brakes, but the motorcycle did not completely stop and I hit the pedestrian anyway. It was not as bad as it may sound. The pedestrian was able to stan up and walk, at first he did not want paramedics and only got into the ambulance and to a hospital check up after the second police officer insisted and said that he must go to. Apparently he was fine, no major injuries, if any maybe a bruised arm.
Too make a long history short, my insurance is now claiming that the claim has exceeded my coverage limit (bodily injury: 15,000 each person - $30,000 each accident). So, as I said before, I don't believe the person got any more hurt than I did, but I know that traffic/accident lawyers can screw you over.
Anyway, I am here wondering what I can do to help myself.
Can I request from the insurance an itemized bill for all the expenses this person is claiming?  Don't I have the rights to know what I will be paying for if my coverage is not sufficient?  And what if I don't have the extra money to pay for what they are asking?  Can they garnish my wages or only if they sue me?  Do I really need to spend money that I don't have to retain a lawyer to fight this claim?
I really need some advice.
I'd appreciate it.
Thanks.
Ruben

Answer
Hi Ruben,

My son was recently in an auto accident. Due to the fact that he bumped his head and hip he was transported by ambulance to the hospital to be checked out. After everything was checked out it was determined that he had no injuries except for a possible bruise on his hip. About 3 weeks later we received the bills from the ER and our jaws hit the floor. 2 hours in the ER a few tests and nothing wrong and the bill was $23,000.00.

I tell you this only to illustrate how expensive a ER visit can be. When you arrive at an ER as a result of an auto accident they seem to go all out to check everything including numerous MRI's that cost over 2k each.

You should contact your insurance company to see what they can tell you about the overall size of the claim. Then you can determine if you will need to hire an attorney to defend you. You will be entitled to receive an accounting of the costs. If the pedestrian is represented by an attorney, you will (at some point) receive a letter demanding a certain amount of money. This amount is completely negotiable. You should also keep in mind that it is enirely possible that the claim will ultimately settle for just the amount of your insurance. If you do not have any assets or a big wad of cash stashed somewhere, it is unlikely the attorney will want to pursue you just to get $100.00 per month for the next 10 years.

As a final note, you should contact your insurance company and increase the amount of your coverage. It won't help in this situation but it will in the future.

I hope this helps
Richard Hixenbaugh