A person who was injured by another driver’s behavior may need a lawyer if the other driver’s automotive insurance maximum is too low to pay all the expenses. This happens frequently after a serious auto accident in Macon, GA. State laws only require a minimum amount of liability coverage for property damage and bodily injury.
Filing a Lawsuit
After an auto accident in Macon, GA, the injured person may be able to file a lawsuit against the other driver if the maximum of the automotive insurance policy is inadequate for this situation. The insurance company is under no obligation to pay more than the maximum.
The other driver would need to have enough assets to pay a substantial amount to the injured person or a lawyer will not accept the case. A judge is unlikely to use certain tactics to obtain money for the plaintiff, such as forcing the defendant to sell their home that still has a mortgage. It is rare for a judge to order wages to be garnished in a civil suit. That is usually only done for child support and for back taxes.
One problem is that people with low maximums on their automotive insurance typically aren’t wealthy. If they were, they would have much higher maximum payouts to protect their assets. This makes it difficult or impossible to collect money from these individuals.
Insurance Company Obligations
Does an insurance company ever decide to pay more than the maximum of the policy if a lawsuit may be imminent? That would be incredibly unusual. It would also be rare for a lawyer to file suit against an insurer under these circumstances. The policy is essentially a legal contract between the customer and the company. The company is expected to pay the maximum amount the policyholder has requested.
Other Payment Methods
Typically, the injured person can have medical expenses paid through their own health insurance. The automotive policy will also pay for a certain amount of coverage for uninsured motorists if it is in place. Anyone who wants to discuss these matters with an attorney during a free consultation can do so at a firm like Edwards & Bullard Law.
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