Can I Recover More Than The At Fault Driver Has For Insurance? What is an Excess Judgment?
The answer is “yes”, but it’s not easy. One scenario is the “excess judgment”. For example, assume your Baltimore car accident case goes to trial, and you receive $40,000, and the defendant was insured for $30,000. The insurance company for the defendant pays the $30,000.
But by the terms of the policy, that is the most they are obligated to pay. Who pays that extra $10,000? As Attorney Eric T. Kirk will tell you. In most situations, the defendant does, but collecting that $10,000 may be extremely difficult. The reality may well be that nobody pays it. You may have piece of paper that says the defendant owes you an extra $10,000, but unless that person has assets you can levy on, or a consistent paycheck from a known employer that you can garnish, this may be unlikely to occur. Collections from individuals above the limits of their policy [ or collections from individuals who lack insurance altogether] is a frustrating, time-consuming venture that is often one that does not pay off.
Another option would be, upon a showing that the insurance company negligently failed to provide a defense, or settle the claim within the limits of the policy, that the insurance company becomes liable for the excess.
Seasoned Baltimore personal injury lawyers are well aware that although this claim belongs to the insured defendant, and not to the victims, there are ways to obtain the right to sue the insurer directly. This is a sophisticated claim, that requires extensive foundational groundwork. A knowledgeable personal injury attorney is likely needed to successfully pursue this type of action.
I’ve handled thousands of personal injury cases over the years. I also offer a reduced attorney fee program to personal injury victims, and handle these cases on a “no cost if no recovery” basis. I also offer a free case analysis, evaluation and strategy planning meeting to my clients. Contact me today to schedule a session. 410 591 2835.
- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
- Legal Analysis & Case Studies
- Baltimore Insurance Claims Denial Lawyer
For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
