When someone else causes a car accident, their liability coverage is supposed to help cover the expenses of the people they hurt. If you got injured and the other driver’s policy isn’t large enough to cover all of your expenses, what do you do? You may have to make an underinsured motorist claim with your own insurance company. A Prince George’s County car accident lawyer can tell you more about how this process will go.
Do I Sue Someone Personally If They Are Underinsured?
So if someone’s policy is exhausted by your lawsuit, how can you get the rest of your money? Some people think that they need to sue the other driver directly. See, when you sue a driver in a normal car accident case you’re not really suing them. You’re suing their insurer.
Suing someone personally is difficult for a few reasons though. The main issue is that it can be harder to get the money out of an individual. They simply may not have the thousands of dollars you need to pay the rest of your compensation. This is why relying on your own insurance policy, specifically underinsured driver coverage, is usually the better route to take.
Is Underinsured Coverage Mandatory?
Uninsured and underinsured driver coverage is not mandated everywhere, but drivers living in Maryland, Virginia, and Washington, D.C. are required to carry it. There is a minimum requirement, but you can also ask for more coverage from your insurer, just like you would with a liability policy.
This is the coverage that would kick in if you sue another driver for damages and exhaust their policy. We have already told you how difficult it can be to sue someone directly. Your underinsured coverage can make that unnecessary. It fills the gap between what you need and what the other driver’s policy was willing to pay.
What Can My Compensation Cover?
Insurance policies often mention property damage and bodily injury, but compensation in a car accident case can often make up for even more. A settlement could help address costs like:
- Medical expenses
- Lost wages
- Pain from disability or disfigurement
- Loss of enjoyment
- Loss of earning potential
- Mental anguish and psychological trauma
- Vehicle repair or replacement costs
A fair compensation offer makes up for the obvious economic costs of an accident along with those non-economic damages that are tougher to quantify.
How Long Do I Have to Sue?
You do have to take legal action before the statute of limitations in your state expires. Maryland and Washington, D.C. give accident victims three years to sue. Virginia gives you two years. Missing this deadline means missing your chance to claim any compensation.
Contact Our Legal Team
If you are ready to learn more about your legal options, contact McCarthy, Winkelman & Mester, L.L.P. and schedule a consultation. This initial meeting is free and there’s no obligation. Let us tell you more about how our lawyers can be of assistance.
