QuestionDr. S,
I was rear ended 4 days ago while at a stop in traffic. When I was hit, I was launched into a minivan in front of me. My guess is the truck that hit me was still doing 35-40 mph at the time of impact. Now my fiance and I both have whiplash and have been to our doctors and chiropractors. I have also had to rent a vehicle as mine is tied up in the shop. Now, I just found out that the person who hit me had minimum liability of $15,000. If he is going to have to pay for my truck and the van in front of me, then it will probably max out his insurance. I rented a car that was similar to what I was driving at the time of the accident, but now I wonder if I should go get something less expensive in case his insurance does not have enough to pay for it. What should I do? I am worried that his insurance will not cover everything. HELP!!!!
AnswerHi Craig,
Are the limits you cited for property damage or bodily injury? Usually 15/30 coverage means a bodily injury limit is quoted. But in your state, maybe the property damage limit is also $15K.
Just to answer your question, let's assume that the limit is for property damage. If the limit is not sufficient to go around, then it will be prorated among all those whose property was damaged by this tortfeasor.
The balance will be paid under your Underinsured Motorist (UIM) coverage for property damage. If you do not have any, then you will use your collision, subject to your having to pay the deductible.
Of course if you have no insurance at all, then you will need to consider suing the tortfeasor. If the amount is small, in the area of $4,000, then you can do that yourself in small claims court.
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.settlementcentral.com
