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Generally, it is true that you can only recover the amount of the policy limit. However, this recent settlement of ours is a good example of how an insurance company can be made to pay more than their policy limits.
Suing Additional Defendants Sometimes, more than one party can be held legally and financially responsible for an accident. ... This would mean that if there were two defendants and each had a policy limit of $50,000, both of those defendant's policies could be used to pay the bills.
Suing Additional Defendants Sometimes, more than one party can be held legally and financially responsible for an accident. ... This would mean that if there were two defendants and each had a policy limit of $50,000, both of those defendant's policies could be used to pay the bills.
Insurance companies are only on the hook for the dollar limits of their policies, and the company has no obligation to pay catastrophically injured parties large sums of damages if the insurance limits are low.
In cases, where the injuries far exceed the policy limits, and a demand is made to settle the case for the policy limits, the insurance company is required to make a “good faith” effort to tender those limits to avoid exposing their insured from having to pay personally, out of pocket, for an excess judgement.
Your average car accident settlement might be approximately $21,000. It is likely to fall somewhere between $14,000 and $28,000. The settlement is generally higher for more severe or permanent injuries. ... When you're filing an injury claim with the other driver's insurance company, you're limited by their policy maximum.
The short answer is yes, you can be sued for more than your coverage provides.
When someone chooses to later sue on the same claim, the insurance company and the legal system will all get involved very quickly. Generally, it is unwise to sue for additional compensation after a settlement has been reached, but there are certain circumstances that allow a plaintiff to take such action.
Standards applied to insurance company's evaluation of a policy limit demand. Insurance companies are obligated to look for opportunities to settle claims within the policy limit. Liability insurers must accept a policy limit settlement offer when the amount of the judgement is likely to exceed the policy limit.
A powerful tool available to plaintiffs lawyers in litigation is a well-executed and timely policy limits demand or time limit demand to a defendant's insurer. ... If the insurer rejects a policy limits demand, it could lead, under certain circumstances, to a recovery in excess of the policy limits.
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