After a serious car accident, one of the most frustrating realities injured victims face is discovering that the at fault driver’s insurance policy limits are not enough to cover medical expenses, lost wages, and other damages. So, what happens if you’re dealing with insufficient policy limits: how to pursue extra compensation after a serious crash?
This often happens when the at fault driver has minimum insurance coverage that doesn’t reflect the actual cost of your injuries. Fortunately, there are legal options available to pursue additional compensation even when insurance policy limits have been exhausted.
Understanding Insurance Policy Limits
Auto insurance policies set specific coverage limits for different types of damages, such as bodily injury, property damage, and personal injury protection (PIP coverage). When filing a car accident claim, the injured party typically seeks to recover compensation from the at fault driver’s insurance.
But if the at fault driver carries only the minimum required coverage, it may fall short of covering significant medical bills, vehicle repairs, or lost wages.
For example, if the at fault driver’s insurance policy covers only $25,000 for bodily injury and your medical expenses exceed $100,000, you’re left with substantial remaining damages. At that point, understanding your next legal steps becomes essential.
When Insurance Isn’t Enough
If you’ve been injured in a car wreck and the insurance company tells you that the policy limits have been reached, this doesn’t mean you’re out of options. Here are strategies to seek extra compensation:
1. File a Claim with Your Own Insurance Company
If your own insurance company offers underinsured motorist coverage (UIM) or uninsured motorist (UM) benefits, you may be able to file a UM/UIM claim. This type of additional coverage helps when the at fault driver doesn’t have enough insurance or is an uninsured driver altogether.
UM/UIM can help cover medical expenses, lost wages, and other financial losses. Check your insurance policy or speak with your insurer to understand the coverage amount available.
2. Pursue the At Fault Driver Personally
If the negligent driver has significant assets, your attorney may recommend pursuing the at fault driver personally through a lawsuit. This legal action targets their personal assets beyond their insurance coverage, although collecting from an individual can be more complex depending on their financial resources.
3. Identify Other Liable Parties
In some cases with insufficient policy limits, more than one party may share liability. For example, a faulty vehicle part, improper road maintenance, or employer negligence in commercial vehicle accidents can implicate other liable parties. An experienced car accident attorney can help identify all potential sources of recovery.
4. Explore Umbrella Policies
Some individuals or companies have umbrella policies, which provide additional compensation above standard insurance limits. Your attorney can investigate whether such coverage applies in your case.
Role of an Experienced Attorney In A Serious Crash
Navigating these complexities requires the help of personal injury lawyers with a proven track record in recovering damages in personal injury law. An experienced attorney can:
- Analyze medical records, police reports, and the accident scene to build a strong case.
- Send a demand letter to initiate negotiations.
- Determine if the fault driver’s insurance was fairly evaluated.
- Calculate full medical costs, lost wages, and property damage.
- Negotiate with multiple insurance carriers to pursue fair compensation.
Legal representation ensures that your claim is taken seriously and your rights are fully protected during the claims process. The legal team can also guide on what to do after a vehicle crash to get compensation.
How Personal Injury Attorneys Can Help
A skilled personal injury attorney can assess all legal options and work toward a fair settlement or, if necessary, go to trial to secure full compensation.
They know how to evaluate insurance coverage, identify liable parties, and work within the framework of personal injury protection and policy limits.
At Bourassa Law Group, our team understands how devastating it is to face serious injuries without adequate financial support. That’s why we fight for victims to receive every dollar they deserve.
What to Do After a Crash Involving Insufficient Coverage
- Seek Immediate Medical Attention and document your injuries.
- Request the At Fault Driver’s Insurance Information and verify insurance policy limits.
- File a Claim Promptly with all involved insurers.
- Consult an Attorney to assess legal representation options.
- Preserve All Documentation, including medical records, bills, and repair estimates
Common Scenarios Where Coverage Falls Short
- Multi-car accidents with numerous injured parties
- Accidents involving catastrophic injuries
- Incidents where vehicle repairs exceed limits
- Crashes involving underinsured drivers
When the at fault driver’s coverage doesn’t stretch far enough, victims must be proactive to recover compensation through all possible avenues. You may also wonder if you could get fired for crashing a company car? However, the best option is to reach for professional help.
Don’t Settle for Less Than You Deserve
Insurance adjusters often aim to resolve claims within the coverage limits and may not inform you of alternative paths to compensation. This is why having a knowledgeable attorney is key to pursuing excess damages and achieving the fair compensation you need to move forward.
Free Consultation with Bourassa Law Group
If you or a loved one has been injured in a car accident and you’re facing insurance limits that don’t begin to cover your losses, reach out to Bourassa Law Group for a free consultation.
Our team of personal injury attorneys and car accident lawyers will evaluate your case, explore every source of recovery, and work tirelessly to secure the outcome you deserve. We can help you with your insufficient policy limits and get coverage for the incident.
Don’t let inadequate insurance coverage stand in the way of justice. Contact us today to learn how we can help you seek reimbursement, recover damages, and hold the at fault party accountable.