In Georgia when suing for auto accident can you sue for more than the policy amount?

Question

I was hit by a drunk driver and have been out of work for almost a year. My attorney is telling me that I can only sue for the dollar amount of the drivers policy, which is nothing. When all of the medical bills are paid and the attorney is paid I won't have anything.

Answer 1

Usually the insurance policy of the person you are suing doesn't have anything to do with how much you can sue for. The only time a policy limit comes into play in those cases are in settlement negotiations. Most attorneys will not pursue a case beyond insurance limits, but many will.

On the other hand, if you are suing your own insurance company, then they will likely be limited to the policy limit, but there are many cases that will "uncap" the policy limit, depending on the type of lawsuit.

You should seek the advise of a lawyer in your area.

Answer 2

You can absolutely sue for more than policy limits, however, any judgment amount over policy limits is the responsibility of the at-fault party. That person may not have any assets to satisfy a large judgment. It could force him or her into bankruptcy, which would result in both of you becoming losers. An insurance company will only pay policy limits if #1 you settle the case with them for policy limits and sign a release, releasing their insured from further liability or #2 you go to trial and win a judgment in excess of policy limits. If the opposing driver has sufficient assets, you can sue him for a billion dollars if you want to. Don't be shocked if you don't get a judgment in that amount though.

Answer 3

I am not an attorney and my opinion should not replace the advice of an actual attorney in GA whom can effectively guide you in this situation; however, it has been my personal experience that you can sue for any amount. I believe the insurance company is obligated to cover a judgment amt. up to the policy limit. Any $ owed beyond the policy limit comes out of the assets of the person who hit you...provided they have the assets to cover it.

Most attorneys will take your case on a contingency fee basis (you don't pay unless a recovery is made...no $ upfront). You should get a free consultation from an attorney in GA who can confirm whether I am correct on this one. Good luck...

Answer 4

Refer this lawsuit over on your coverage enterprise. the will refer the undertaking to protection suggestions. protection suggestions will enter an answer on your behalf and take care of you. purely with the aid of fact her assertion of damages is $50k, does no longer propose that she would be presented that quantity. The plaintiff has a pre-modern back harm. this may well be on your want. She needs to tutor that this minor incident aggravated or brought about a clean harm. She in all probability has yet another declare pending someplace for the 1st harm. Your protection lawyer will subpoena all past scientific information, and that they are going to be reviewed. Your coverage enterprise and protection suggestions will do each thing achievable to settle the declare interior of your coverage decrease. If for some reason they have faith the declare will exceed your coverage decrease, they'll notify you well timed. at that element, you will could hire separate suggestions considering that your coverage enterprise's accountability to take care of ends while they supply the coverage decrease. touch the claims adjuster and communicate your concerns. The adjuster will clarify each thing to you. in easy terms a practise, that is critical to to develop your criminal accountability limits. As you're actually experiencing, minimum limits could be severe priced.

Answer 5

Depends who you're suing, your insurance is only contractually liable for what you've been paying for.
You'd sue the other person repsonsible who's insurance would then be liable to cover that cost according to state law.