Who Gets Compensated in a Traffic Accident Lawsuit?
- Compensation is usually limited to the amount of liability insurance the at-fault driver has.
- If a driver has 25/50 in liability insurance, it means one person can get a maximum of $25,000, with the other $25,000 being split among the remaining injured persons. Or, the insurance company could split the money equally among all injured, with no one getting more than $25,000, according to Carinsurance.com.
- A person's injuries and wage loss determine the amount of compensation. A person who broke a leg and was off work for two months will receive higher compensation than a person with a soft-tissue injury who missed two days of work.
- If liability insurance is not enough to fairly compensate a severely injured person, he can file for additional compensation on his own insurance policy if it has under-insured motorist coverage, the Insurance Information Institute says.
- Carinsurance.com recommends motorists carry liability insurance that is high enough to adequately protect their assets. Some lawyers will go after personal assets if the at-fault driver's liability insurance is not enough.