What are my options if the other driver does not have enough insurance to cover damages? 30 Answers as of October 05, 2011

If the other driver has insufficient insurance coverage you can look to you Supplementary Underinsured Motorist (SUM) coverage. Look at your insurance policy and see what your limits are but, beware, there is an offset or credit for the amount of the other driver's coverage against your SUM coverage. For example, if the other driver has a $25,000 policy and your SUM coverage is $25,000, there is no SUM available to you. Conversely, if the other driver has $25,000 liability coverage and you have $100,000 in SUM coverage, you can seek $75,000 from your own insurance company. SUM coverage is quite simply the single most important insurance coverage that exists and everyone should have plenty of it. You cannot control what another person has for coverage, but you can protect yourself with SUM. Since the other driver is in bankruptcy and your only other alternative is to get a personal or excess judgment against them and attach his/her has assets, your likely out of luck unless you have SUM as you would be very low in priority of the bankruptcy estate. Go see a personal injury attorney, they'll help you with this as you'll need to seek permission to prosecute your claim against the driver and limit your recovery to the policy limits.

You can filed an underinsured motorist's claim against your insurance company if your coverage is greater that the coverage of the liable party. You can sue the other driver also. The issue is whether you will be able to recover.

If you had sufficient insurance at the time of the accident, contact your insrance company to file a claim toget complete recovery. Through subrogation, your insurance company may file a claim or initiate action against the other driver in bankruptcy.

If you had auto insurance, you should be looking to your insurance company unless you had PL/PD coverage.

Your only option is to pursue Underinsured Motorists Coverage under your policy if you have it.

Most likely you will be able to recover on your uninsured motorist coverage which covers both property damage and bodily injury.

Process your property damage claim through your own collision coverage.

Hopefully you carry uninsured/underinsured insurance with your own carrier. If so, you should be able to make a claim for difference between the other party's policy and your own policy limit. If you have the exact same amount in coverage, then you may be out of luck. If you do not have UM/UIM coverage, then you can consider pursuing the individual personally. You should definitely consult with an experienced personal injury attorney.

This is why you carry insurance. Your insurance carrier will make the other driver pay the difference in a lump sum or in installments. Non-compliance results in revocation of the at-fault driver's license. The obligation is not dischargeable.

The law does not provide a remedy for every wrong. If you have been wronged by someone who has neither adequate insurance nor assets, then there probably is no legal remedy available to you.

If you have Underinsured Motorist Coverage (check with your own insurer), your own insurer will probably pay the difference - usually subject to a small deductible.

Your options are very limited. You need to file a claim with the bankruptcy court if it's not too late. When a person files bankruptcy, an automatic stay goes into effect that would prevent any recovery or action against the debtor. However, you can ask the court for relief from the stay up to the limits of the automobile insurance available, which still won't be enough, but is probably all you are going to get.

If you have an insurance policy that has higher limits than the other driver's you may be able to make an underinsured motorist claim against your own insurer for the difference between the policy limits of the other driver's policy and yours. Also, there might be other people or entities as well as the other driver who might be legally responsible for the damages. You might want to consult a personal injury attorney to discuss the matter. This general information does not constitute legal advice and does not create or imply an attorney-client relationship.

Ask your insurance agent if your Supplemental Underinsured Motorist Coverage applies. If not, find out when the bankruptcy started (it's public record). If the bankruptcy started before the accident, he can still be held personally liable. If the accident came first, he has to list you as a creditor. If he did not do so, he is still on the hook. Also: has it been confirmed that there was not enough coverage?

If the other driver does not have enough insurance, you can file a claim for underinsured motorist benefits with your insurer if you pay for underinsured motorist coverage. If you do not have underinsured coverage, you could pursue an excess claim above and beyond the insurance they have as an unsecured creditor through the at fault person's bankruptcy proceeding. Also, an attorney can file a motion to lift the bankruptcy stay for the purpose of proceeding with your claim for benefits under the person's insurance policy who hit you. A lawyer's guidance in your scenario would be helpful.

Contact your insurance carrier and see if you have a policy for underinsured motorist coverage.

File a claim in bankruptcy, check with your insurance agent to see if you have coverage for underinsured motorists.

Hopefully you have collision or UIM or under-insured motorist coverage on your own policy. Then you file a claim with your own insurance company. It stinks that the at fault driver is in bankruptcy.