Medical Malpractice Attorneys and Lawyers

Can an insurance company be sued and forced to pay if your medical bills exceed the policy limits?

I hired a lawyer after being injured in a collision. My medical bills exceeded the policy limits but the lawyer I hired said suing them would be a waste of time since they only have to pay the limit. The insurance company cut 2 checks, one for the lawyers fees and one for the remainder. Is this the way i'ts supposed to be? Also, I never saw proof of what the policy limit was, is it too late to ask for it?

Public Comments

1. From far as i know they do only pay up to the limit cause that was the agreed amount. You should have recieved a paper stating all the info when you first got your policy it would be a waste of time though....
2. You can ask to see your policy information. . . but remember your insurance policy is a contract. . with limits and those limits are all they are required to pay. . .good luck
3. I assume you're referring to the adverse policy, not your own. Here are some general comments, not necessarily applicable to you: If the injured party (you) carries or is covered under uninsured motorist coverage in an amount which exceeds the adverse policy limit, it is possible that payment can be received under the UM portion of (your) policy. In CA, typically one check is cut for the total settlement amount, unless a minor is involved, in which case the fees are issued separately. This is not legal advice. Consult your attorney.
4. Sued for what? Not forcing YOU to buy more coverage? Of course not! They can't MAKE you buy more coverage!! It's not THEIR fault!! It's absolutely true. If you go to a car dealership, and plunk down $10,000 for a Ford Escort, you gonna sue them if they don't turn over a brand new Cadillac? Just like everything else, you get what you pay for. You DON'T get what you DON'T pay for. You don't have a copy of YOUR policy? Just ask for it. If you're talking about someone ELSE'S policy, you don't have a RIGHT to see it. If you don't want to settle for the policy limits, refuse to settle, then sue the guy in court. It will take 2-3 years, your lawyer will get 30% of the JUDGEMENT, and the insurance company will ONLY pay out the policy limit - which leaves you with a judgemetn, that you then have to try to collect from the guy. If you accept policy limits, you'll likely have to sign off that you won't sue the guy for anything else.