Can my wife sue for more than the policy limit of the other person's insurance and will they pay?

Question Details:My wife was hit by a tire that came off a car on the other side of the highway more than a year ago. The car has been repaired and she has more than $130,000 in medical cost due to back surgery. The driver admitted he worked on the tire himself. Do we need a personal injury attorney to help us with this? In Plymouth County, MA.

Asked 5 years ago under Auto Accidents | 2176 Views | More Legal Topics

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J.M.A., Member in Good Standing of the Connecticut Bar | FreeAdvice Contributing Attorney Answered 5 years ago

A tire should not come off a car for any reason but for the negligence of another.  Given the injuries that have resulted as a result of the accident, you certainly need a lawyer to help you here as the damages are significant (i.e. medical bills).  A personal injury lawyer will file a claim against the other driver and the other driver will report the claim to their insurance company.  Assuming the insurance company covers the claim, the insurance company will pay up to the policy limits.  If the insurance policy does not cover all the medical bills and pain/suffering, then your wife's insurance company (underinsured) will pay up to that policy limit.  Then you can go after the driver of the car personally to the extent that additional compensation is required/sought.  Hire a lawyer immediately as you only have 2 years from the date of the incident to file the claim or it will be barred forever.

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