Auto Insurance Claims: Personal Injury Settlement Amount, personal injury settlement, uninsured motorist coverage

Question
QUESTION: I was involved in a auto mobile accident other driver was at fault.  Ive suffered multiple injuries mainly my neck c5c6 herniation. Constant pain from it and endless headaches.
I the other drivers insurance only has a 100/300 policy Question is if my medical bills total 35000. Am I suing for only 105,000 Lawyer gets 1/3 31,500. Insurance gets reimbursed 35.000. So that leaves me with 38,000 for all my injuries. Because the treatment is ongoing what do I sue for?
Or can I sue for 300,000. Or is the limit 100,000, I think its the later, Or am can I claim underinsurance coverage from my insurance company?
Or for instance if I had 100,000 in bills how do I sue the other driver insurance for 300,000 do I put a lean on him? Do I sue my Insurance company? Just curious to see how all this works .
Thanks
Signed
Confused

ANSWER: Hi T,

If you have an attorney, you should be directing all of these questions to your attorney.

If you do not yet have an attorney, you should hire one as soon as possible. This is a fairley large claim and you do not want to do anything to screw it up.

If the at-fault insurance is 100/300 that means that the most that any one person can get is $100,000.00. If you have uninsured motorist coverage then you could claim an additional amount there. If your uninsured motorist is 100/300 then you could get upto an additional $100,000.00 there. Uninsured motorist claim can be tricky. Another reason to hire an attorney. Also the at-fault driver may also have an umbrella liability policy which could provide additional coverage.

I hope this helps
Richard Hixenbaugh

---------- FOLLOW-UP ----------

QUESTION: IS THERE A LIMIT ON WHAT I CAN RECEIVE FROM HIS INSURANCE. OR IS THIS THING GOING TO DRAG OUT FOREVER WITH MY SHARE OF THE SETTLEMENT DECREASING EACH TIME MY INSURANCE COMPANY GETS A NEW BILL? BASICLY ILL BE RECEIVING NOTHING AT THE END OF ALL THIS.

Answer
Hi T,

As I already explained, if his insurance is 100/300 then the limit you can receive from his insurance company is $100.000.00. Thsi does not mean that you art not entitled to more, it simply means that that is all the coverage they he purchased. You can claim any balance on your uninsured motorist coverage and/or you can sue him personally if he has anything worth going after. That is why you should hire an attorney who can do a assest search to see if this person has anything worth getting.

I hope this helps
Richard Hixenbaugh