I was in a car accident May 4th. I was not a fault in the accident. My car insurance only covers medical bills up to $10,000 - The other car insurance company does not have bodily injury on their policy, and I was told by my Lawyer that my case is dropped due to the fact there is nothing to pursue from the other car insurance company.
Am I able to sue the insurance company or person on their policy in small claims court for the remaining balance of my doctor/hospital fees?
If you hired an attorney then let them direct you--if they drop the case then you can consult with another attorney--check avvo for a listing--good luck.
You need to consider why the lawyer dropped the case. Does the other driver have any assets to pay a judgment should you prevail in your case? You many need to find a lawyer to help with the remaining doctor and hospital bills.
No. The insurance company is not the tortfeasor in this case — meaning it did nothing wrong to you — and did not owe you a duty. Insurance companies merely provide insurance coverage, and you cannot sue them simply because their insured party did not carry adequate coverage.
In other words, if you embark upon this very unwise course of action, the insurance company can then file a 57.105 motion against you, and force you to pay their legal costs and fees to defend against an unsupported claim.
Here is some free advice: Do not do it. Move on and buy uninsured motorist coverage for the next time this happens.
You have no case against the insurance company. You may sue the driver for your injuries, however if he didn't have insurance he most likely does not have collectable assets.
You can sue the vehicle owner or driver for your injuries. If you obtain a judgment against them, you then have to figure out to collect from them. If they do not have any assets, you are unlikely to collect, and if the judgment is large, they will probably file bankruptcy.
