Auto Insurance Claims: policy limits, pain and suffering, bodily injury


Question
How do I find out the policy limits on the faulty drivers insurance? I want to make a claim but it's over the minimum ($15K) required for bodily injury in my state and I'm afraid that's all she has. Should I go ahead and make the claim anyway? How do they respond to this, will they offer me less, tell me I can't claim anymore than $15k assuming that's her limit?? Do I keep negotiating with them trying to get more when I don't know what the max is? Thanks.

Answer
Hi Lu-

My understanding is that they won't release the policy limits to you unless they find it in their best interest in order to try to get you to settle for that.  

If your medical bills, lost wages and pain and suffering exceed the bodily injury limits the insurance company will pay up to the limits and then you will have to sue the driver for the difference.  

If you win the judgement the driver will have to liquidate whatever she has to pay the judgement and she can have her wages garnished until it is paid off.  Until then, the court can order her to pay you interest of up to 17% and her credit will be ruined.  That is why high bodily injury limits are so important.  

Sheldon Maughan
Sacramento, Ca