Is There Any Way to Find Out What Someones Max Coverage for an Accident Is?

Updated on May 24, 2011
J.F. asks from Doylestown, PA
11 answers

Is there a way to find out someones max coverage amt for an auto accident? I was hit by a drunk driver and our lawyer just says its more than the minimum of 25k b/c they didn't tell him the maximum...and if it was the lowest they just tell you up front...so is there any way to find out? Has anyone encountered this? Or is it just a guessing game, they have no case and the drunk drivers ins company already asked the lawyer about settling...so the lawyer is finishing up gathering all info before deciding what to ask for...but I'm just so amazed that lawyers don't have a way to find out what their policy is. Has anyone been through this....I have no idea what the settlement amt ussually is for this too

I have a protruding disc in my neck and nerve damage down my left arm and leg, bulging discs in my lower back, arthritis that apparently was brought out in my lower back, and then the neurologist did some tests and said he could feel that I had miscle spasms throughout my neck and back, and wants to do injections...
My ex was in the car and got pretty much the same injuries plus a herniated disc....
I know this isn't kid related but I figured maybe someone was in th law field or was hit by a drunk driver and knows average steelement amts or a way to find out their policy.
Thanks

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So What Happened?

I;m suprised people think I want the max just because i want to know what it is...I def want more than the minimum since the minimum wouldn't cover health concerns (doctors bills went well over the 25k our auto ins covered)...also the reason I want to know the max is b/c last time I was hit by a drunk driver (yup twice bad luck-both hit and runs- that were caught) the guy was under insured and our case was worth over 200k and we got 25k and the guy had nothing so we didn't sue...and yea I want the lottery and to sue his pants off, he drank up to blowing a .33 (hile goin to pick up his kid...destoryed my car and put me in financial stress for the last 6 months- and my 4 year old is still upset about it) and we were lucky it wasn't worse off and my daughter was ok...he chose to do what he did, and its likely that from the age of 28 on I will have back pain....so yea I want as mich as possible for him changing my life...the last time we got hit my ex got the max which was 25k and he has herniated discs and nerve damage from that time too and that 25k isn;'t worht a lifetime of pain...so yea maybe I'm greedy and angry, but he chose to change my life so yea you better believe I want the max, I also know that the max is probably very low so yea I'd like to know how much I will be getting so I can wrap my head around it., since it will probably be going to pay medical bills...

More Answers

L.P.

answers from Pittsburgh on

I actually work in medical claims for a major auto insurance company. Your attorney can subpoena that info from the person who hit you if that person will not authorize his insurnace company to release the info voluntarily. Attorneys subpoena this information all the time. I frequently have to obtain and provide policy information on our insured's policy limits. A declarations page would provide that information, or something like a certificate of coverage. Either would show you that persons policy limits. Those documents can be requested by subpoena. So YES, you absolutely CAN, and SHOULD have that information available to you.

I do agree that your attorney's demand should reflect the severity of your injuries/treatment/income loss, and whatever else you may be entitled to based on the tort option on your policy, but it doesn't hurt to have their limits in the process.

Best wishes to you. If you have any specific questions, please feel free to PM M..

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V.T.

answers from Dallas on

Until you get into the litigation phase, (which you want to avoid because the cost are higher and your attorney will take a bigger fee), there probably isn't a way to find out. But your attorney should negotiate with the insurance company based on medical bills, lost wages and pain and suffering, not based on the maximum. If you do go to court, you can find out what the max is, but you typically don't sue for the max, you sue for what you think you are entitled to. If it is more than the max, and you are awarded the max, than the insurance company will pay the max, and the individual is on the hook for the remaining amount. I wouldn't worry about any of this until you are done treating with doctors. If your attorney is any good, he/she won't start settlement talks until after they have the necessary information. If this is going to be an ongoing problem with no resolution and you will need treatment indefintely, your attorney can ask for future costs.

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T.K.

answers from Dallas on

What you ask for isn't contingent on what insurance coverage they have. You ask for what is reasonable. His policy pays up to its maximum and then if you have Uninsured/Under Insured Motorists coverage on your policy it kicks in and pays up to it's limit. So, if your injuries are 55,000 and his limit is 25 and your limit is 25, you are still short $5 grand. But if your injuries are 28, his will pay 25 and yours will kick in the other 3. If you don't have uim, you J. get what the guy has on his policy. You can sue him for the differance if you want. Keep in mind you have 2 years to settle and once you settle that's it. You can't come back next year with additional bills. So, J. continue to seek treatment now and worry about settling once you are completely mended.

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T.F.

answers from Dallas on

I understand you are angry, mad and physically hurt. I would be to.

What is the purpose of you wanting to know the max? Is it because you want it? You plan to seek the max? Settlements vary from case to case. We have not been sued or settled anything with anyone. The system is full of people suing to make a buck.

Insurance companies handle this and your lawyer should be competent enough to know approximately where to start negotiations. There is no reason you go for the max J. to do it. Your medical bills now and perceived later medical bills along with expenses, wages should be covered. No need for greed.

Make decisions based on facts not based on your emotional state. If you do go to a jury trial, keep in mind that most jurors consider everything presented and base decisions on factual evidence vs J. awarding a huge some of $$ because someone wants the max.

Best wishes to you and I hope you all recover physically and emotionally 100% and quickly.

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L.D.

answers from Las Vegas on

After you file your Complaint with the court to start your lawsuit, your lawyer can send the other party written questions called interrogatories and one of the questions is usally how much the other party's policy limits are. It's been a while since I worked for a personal injury attorney and things may have changed but, at the time I left, there was no way of accessing someone else's policy limits information and I would imagine that would still be the case. I'm sure that it would be considered personal and confidential information.

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C.O.

answers from Washington DC on

I'm sorry - this sucks.

Make sure your lawyer knows what is going on. My big sister was in an accident and it took them 4 years to get everything taken care of - she had to have her ankle rebuilt - it was a MESS!!! The other driver's insurance company kept trying to close the case but luckily she had a lawyer who said "injuries are NOT healed and unknown" so no.

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J.W.

answers from Dallas on

The deal here really is that you come to your sum and that it is. For similar injuries we got 38. Our injuries were similar but not as severe and all we really cared about was recouping what my husband lost in wages.

You need to take into consideration how this will effect you for the rest of your life. So great the idiot didn't have state minimums but that is really pretty irrelevant. If it went to court the jury wouldn't base their decision on insurance coverage and the driver would be on the hook for whatever the insurance company wouldn't cover. Your lawyer should have the experience to help you figure out the settlement amount. Hope that helps.

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N.M.

answers from San Francisco on

I had a car accident about 6 years ago--technically my fault. The insurance took care of everything in regards to working it out with the other party, but I remember one call I got from my insurance company. They were asking my permission to release my insurance limits. Apparently the other party (or their representative) had asked about the limits and they needed my permission to share them.
So I think you J. have to ask.

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C.S.

answers from Milwaukee on

I don't think they are going to tell you because then your lawyer will know how high he can go in asking for settlement. They lose their negotiating power if they tell you.

Your attorney should be able to tell you what the 'usual' settlement is...but there are so many variables...your age, the drunk drivers past history, injuries and degree of medical attention required, etc, etc.

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J.S.

answers from Hartford on

Don't close the case or ask for a specified amount. If you have to have continued care and it's coming from the other driver's insurance, then you don't need to worry about their maximum amount. Doesn't your own medical insurance cover medical expenses at all? That should be working in conjunction with the other driver's insurance... they pay what your insurance doesn't cover medically on top of car damages.

If you think your lawyer isn't up to par then you can certainly talk to another one. You can also seek advice from your own auto insurance carrier and how they typically handle these things.

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M.R.

answers from Phoenix on

I think a better financial strategy is to work with an actuary and qualified nurse case manager and figure out how much your future medical bills are likely to be over the course of how these injuries typically resolve.

You want future coverage, not J. actual coverage to date.

I say go for it...I was hit by a car, a hit and run....it cost us over 30K in medical bills, those were J. co-pays. That's what insurance is for.

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