If you are injured in a car accident in Worcester, you will need to file an auto accident claim for compensation for pain and suffering, medical bills, and lost wages. However, before you file a claim, you will want to know how much auto insurance coverage the other driver has. Asking their insurer to divulge this information seems like the right move but there’s a high chance they won’t give you this information. How, therefore, can you go about getting this information, and what can a Worcester auto accident attorney do to help?
Why You Should Find Out The Other Driver’s Policy Limit
Every car insurance company has a policy limit. This is the maximum amount that an insurance company is required to pay you for your injuries. In Massachusetts, the minimum coverage requirements are:
- Uninsured motorist property damage: $25, 000 per accident
- Underinsured motorist coverage: $50, 000 per accident and $25, 000 per person
- Property damage liability coverage: $25, 000 per accident
- Bodily injury liability coverage: $50, 000 per accident and $25, 000 per person
Unfortunately, the minimum required insurance may not be enough and some drivers will buy additional coverage. Knowing the other driver’s policy limits is important because:
- You will avoid settling for an amount that is way less than what you deserve.
- Their minimum coverage might not be enough to cover your damages.
- You may choose conservative treatments because you think the driver has the minimum coverage
How To Find Out The Other Driver’s Policy Limit
Below are a number of ways that you can find out how much the other driver’s policy limit is:
Ask Them
If you never took down the other driver’s contact information, you can get it from the police report. Once you have their contact information, ask them what their policy limit is. It’s best to contact them as soon as possible before they talk to their insurer. This is because their insurer might advise them against talking to you.
Issue a Demand Letter
It’s best to hire an experienced Worcester auto accident attorney to write your demand letter. They should be able to include documentation that shows you are entitled to the policy limit. Additionally, settling your claim without the help of an attorney could end up costing you.
Ask Your Insurer to Intervene
Your insurer might be able to obtain the other driver’s policy limit by contacting their insurer. An insurance company is more likely to divulge such information to another insurance company.
File a Car Accident Lawsuit
Your auto accident attorney Worcester can force the negligent driver’s insurance company to disclose the policy limit by filing a lawsuit against them.
Can You Sue For More than The Value of the Policy Limit?
Insurance companies are required to always negotiate in good faith while considering all the details of the case. Insurance companies will aim to settle for as little as possible and will rarely ever pay beyond the policy.
However, if you wish to get paid beyond the policy limits, you will have to hire a Worcester auto accident attorney. They will review your claim, settlement offer, and policy relating to the accident. This does not mean that you will automatically be awarded a settlement amount higher than the insurer’s policy limit but there are a few options your lawyer could use and they include:
Suing the Insurer for Acting in Bad Faith
Sometimes insurance companies deny claims or refuse to pay a reasonable amount because they want to frustrate the claimant into giving up the claim. An experienced auto accident attorney will be able to take your case to court if the insurance company acts in bad faith.
Filing a Lawsuit Against the Driver
You may want to file a lawsuit against the at-fault driver for damages that aren’t covered by the policy limits. This, however, will depend on whether the driver has any assets from which you can collect a judgment.
Filing a Lawsuit Against Other Responsible Parties
If other entities were involved in the accident, you can get additional compensation by filing a personal injury claim against them. Your attorney can help you identify all the liable parties.
Contact Our Worcester Auto Accident Attorney
Our licensed Worcester auto accident attorneys are prepared to review your case and discuss legal options with you. We work on a contingency fee; meaning you will not pay us until we obtain compensation for you.
