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Car Wreck - Coverage and Garnishing Wages?


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I was in a pretty serious accident six months ago where the other party was at fault. They have the minimum required insurance in Texas. My medical bills have already climbed sky high with multiple surgeries. What happens if my medical expenses go over that of which the other parties insurance covers? I have underinsured under my own insurance policy so would I resort to that? If it goes over, will they fall back on me?

I could also very easily push for pain and suffering, with life lasting issues from the wreck, and sue the other party directly for wage garnishment. The other party is barely 20 and works a minimum wage job, so how much would I really be able to receive? 

 

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In Texas, you must have at least $30,000 in liability coverage for each injured person if they have that it doesn't cover one surgery much less multiple. 

Uninsured/underinsured motorist bodily injury coverage (UMBI/UIMBI) Uninsured/underinsured motorist bodily injury is designed to cover you and the people in your car for medical bills, lost wages and pain and suffering if you're in an accident caused by someone who doesn't have insurance or enough insurance.

I assume you filed a claim with your insurance agent. " I have underinsured under my own insurance policy so would I resort to that? If it goes over, will they fall back on me? Yes your insurance kicks in when other drivers insurance runs out up to your UIMBI limits."   

"My medical bills have already climbed sky high with multiple surgeries" what is your UIMBI coverage level. 

I assume your medical insurance is covering these bill less your deductibles.  Call your UIMBI agent see how you can file claims for your copays and deductibles and pain and suffering. Your underinsured coverage and other drivers liability insurance is first in line to make you whole.  Your health insurance will sweep in and try to collect from the auto insurance companies theirs and yours for their losses. 

An injury lawyer might get able to get you your maximum benefit that is you limits cover all your repairs and medical bills.   Hopefully your UIMBI covers it all.  You insurance will sue the other driver if they feel they can collect what UIMIBI covered. 

I checked my UIMBI is in 100K/300K,  after my wife broke her leg and had to be in 3 hospitals over two months and is still recovering.  It was her fault but had it been other driver  not sure 300k would cover it if you add pain and suffering. 

Got to call my agent see about upping my UIMBI and getting a 1 million liability umbrella coverage added to my renters insurance in case i am at fault an sued if it's over 300k.  

 

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