What Happens When a Car Accident Claim Exceeds Insurance Limits?

Exploring Insurance Policy Limits

Insurance limits are the maximum amount an insurance company will pay for a covered claim under a policy.

In auto accident claims, these limits typically apply to two categories: bodily injury liability and property damage liability.

• The bodily injury liability portion protects the policyholder (the at-fault driver) from legal responsibility for physical injuries caused to others in an accident. The bodily injury limit covers medical expenses, lost income, and pain and suffering for individuals injured in the accident.
• The property damage liability portion covers any damages to the property of others, such as vehicles, fences, buildings, or other structures that result from an insured accident. This limit usually includes repairs or replacement costs for damaged property.

Each insurance policy has specific limits set by the policyholder, often within the guidelines mandated by state law.

The limits are described as two separate amounts:

• Per Person Limit: The maximum amount of compensation available to one individual injured in an accident.
• Per Incident Limit: The total amount the insurer will pay for bodily injury claims resulting from a single accident.

Standard Policy Limits

Personal auto insurance policies vary in their coverage amounts, but typical minimum limits include 25/50/25.

Policy limits include:

• $25,000 per person for bodily injury
• $50,000 for two or more people injured in the accident
• $25,000 for property damage

While the 25/50/25 policy is the most common, some states have different minimum insurance requirements.

For example, California requires a 15/30/5 policy, while Utah requires a 25/65/15 policy.

It’s essential to know your state’s minimum coverage requirements and consider purchasing additional insurance for more comprehensive protection.

While these limits may seem adequate for minor accidents, serious accidents can quickly exceed these numbers, leaving victims with unrecovered damages.

That’s why it’s crucial to understand what happens when car accident claims surpass insurance limits.

When Damages Exceed Insurance Limits

When serious accidents occur, medical expenses alone can quickly exceed the at-fault driver’s insurance policy limits.

Consider a scenario where a victim suffers a traumatic brain injury requiring surgery, rehabilitation, and long-term care.

These medical bills, coupled with lost income, pain and suffering, and property damage, can easily surpass the typical $25,000 bodily injury limit.

Consequences for the Victim

In cases where the damages exceed the at-fault driver’s insurance policy limits, victims can be left with substantial out-of-pocket expenses.

Consequences could include:

• Medical Expenses: Car accident injuries can be severe, resulting in ongoing hospital bills, rehabilitation, and specialist treatments. Victims may be responsible for paying any medical expenses not covered by insurance, including copays, deductibles, and remaining balances.
• Lost Income: If the injury prevents the victim from working, compensation for lost wages may not be fully covered. This problem can result in significant financial strain for the victim and their family.
• Pain and Suffering: Insurance policy limits typically restrict compensation for pain and suffering related to a car accident injury. When damages go beyond these limits, victims may not receive total compensation for their physical and emotional distress.
• Property Damage: Repairing or replacing a totaled vehicle can often cost more than what a standard property damage policy covers. This financial burden can fall on the victim, even if the accident was not their fault.

When damages exceed policy limits, the victim must seek alternative avenues to recover the remaining damages.

The help of an experienced car accident attorney is crucial in these situations.

The Role of Underinsured Motorist Coverage (UIM)

An auto insurance policy’s underinsured motorist coverage (UIM) component is designed to protect victims when the at-fault driver’s insurance coverage is insufficient to cover all damages.

UIM steps in to pay the difference between the at-fault driver’s insurance payout and the actual costs incurred by the victim, up to the UIM policy limits.

Note that UIM and uninsured motorist coverage (UM) are not the same.

UM covers damages caused by a driver without insurance, while UIM applies when the at-fault driver’s policy limits are inadequate.

Some states require drivers to have both UM and UIM coverage, while others offer it as an optional add-on to a standard auto insurance policy.

Whether you live in a state where UIM is mandatory or not, it’s essential to understand the benefits of having this coverage.

In addition to protecting victims from out-of-pocket expenses when damages exceed policy limits, UIM also:

• Covers Medical Expenses: UIM can cover medical expenses for injuries caused by an uninsured or underinsured driver.
• Pays Lost Wages: If the victim cannot work due to their injuries, UIM can provide compensation for lost wages.
• Includes Pain and Suffering: Unlike standard insurance policies that have limits on pain and suffering payouts, UIM typically covers these damages in full.

Having underinsured motorist coverage can provide peace of mind, knowing you are fully protected, no matter the severity of an accident.

Discussing your options with your insurance provider and considering adding UIM coverage to your policy is essential.

If you have UIM coverage and your damages exceed the at-fault driver’s policy limits, you can file a claim with your insurance company for the remaining balance.

This process is often complicated and may require legal assistance to ensure you receive fair compensation.

How UIM Works

UIM coverage becomes applicable after the at-fault driver’s insurance has paid out its maximum policy limits.

If the at-fault driver’s insurance pays $25,000 in bodily injury coverage, but the total medical bills are $75,000, a victim with UIM coverage may claim the remaining $50,000 from their own insurance company.

In some states, insurance companies allow policyholders to stack their UIM or UM coverage if they have multiple vehicles on one policy.

This option means that they can combine the limits of each vehicle’s coverage, potentially providing more substantial compensation for damages.

If you have two cars with $50,000 UIM coverage each, you may be able to stack them and claim up to $100,000 from your insurance company.

Filing a UIM Claim

To file a UIM claim, you must follow these steps:

1. Notify Your Insurer: Promptly inform your insurance provider that the at-fault driver’s coverage is insufficient and that you intend to file a UIM claim. Most insurance policies have a time limit for filing a claim, so acting quickly is crucial.
2. Provide Evidence of Damages: Collect all relevant information and documents relating to your injuries and damages, including medical bills, police reports, lost income documentation, repair estimates, and any photos or videos of the accident scene. These will help support your claim.
3. Submit Documentation From the At-Fault Driver’s Insurer: You must show that the at-fault driver’s insurance has paid out its maximum policy limits, typically through a settlement letter or payout notice.
4. Negotiate With the Insurance Company: Your insurance company may attempt to settle the claim for less than what is fair. An experienced car accident lawyer can advocate on your behalf and negotiate for a higher payout.
5. File a Lawsuit: If negotiations fail, you may need to file a lawsuit against the at-fault driver in civil court to recover appropriate compensation for your damages.

Timely notification to your insurance company and providing sufficient evidence is essential for a successful UIM claim.

It’s best to have an experienced car accident lawyer guide you through the car accident insurance claims process to ensure all legal requirements and deadlines are met and you receive fair compensation.

Pursuing a Lawsuit Against the At-Fault Driver

Suppose your damages surpass the at-fault driver’s policy limits and you do not have UIM coverage.

In that case, you may consider pursuing a civil lawsuit against the driver to recover the excess amount.

This process can be lengthy and expensive, and there is no guarantee of a successful outcome.

Additionally, the at-fault driver may not have sufficient assets to cover the damages awarded in a lawsuit.

In these cases, recovering any compensation for your damages may be challenging.

You must evaluate whether the at-fault driver has sufficient personal assets to pay a judgment.

Evaluating the At-Fault Driver’s Personal Assets

In cases where the at-fault driver has limited insurance, it’s more than likely that they may also lack the personal wealth or assets needed to cover a significant judgment.

A skilled attorney can help you investigate whether pursuing a lawsuit is a viable option by evaluating the defendant’s financial situation, including:

• Real Estate Ownership: If the at-fault driver owns a home or other properties, these assets may satisfy a judgment.
• Savings and Investments: The defendant’s savings, retirement accounts, investments, and other financial assets could cover damages.
• Employment Status: An employed defendant’s income could fulfill a judgment.

It’s essential to consider all options carefully before deciding whether to pursue legal action against an underinsured driver.

Consult an experienced personal injury attorney who can advise you on the best course of action based on your situation.

Challenges of Collecting Judgments

Collecting the awarded damages can be challenging even if you win a lawsuit.

The at-fault driver may file for bankruptcy, which can discharge their debt or make it difficult to recover the total amount.

Individuals with minimal assets may be judgment-proof, meaning there is little you can do to enforce the court’s decision.

It’s crucial to consider these potential challenges before choosing to pursue a lawsuit.

The Role of a Car Accident Lawyer in Complex Insurance Claims

Navigating the car accident insurance claims process and pursuing a lawsuit can be complicated and overwhelming.

An experienced car accident lawyer can help you understand your legal rights, advise you on the best course of action for your situation, and advocate for your best interests to ensure fair compensation.

Navigating Insurance and Legal Options

Auto accident claims that exceed insurance limits are often complex and require an in-depth understanding of insurance policies, state laws, and legal procedures.

A knowledgeable attorney can assess your case’s unique circumstances and advise you on the best course of action for recovering maximum compensation.

Car accident attorneys are skilled in the following:

• Assessing all avenues for compensation, including underinsured motorist coverage, lawsuits, and negotiations with the at-fault driver.
• Ensuring that insurance claims are handled correctly and that all damages, from medical bills to lost income, are accounted for.
• Anticipating potential legal challenges and taking necessary precautions to protect your rights.

Negotiating for Fair Compensation and Handling Insurance Disputes

Insurance companies often try to minimize payouts or deny valid claims.

A car accident attorney can negotiate with insurance adjusters to advocate for a fair settlement that covers all of your damages.

Many insurers dispute claims, particularly in cases involving UIM coverage or complex liability issues.

An experienced attorney can negotiate on your behalf and work to resolve disputes, ensuring you receive the compensation you deserve.

The attorney’s legal expertise and knowledge of insurance laws can be invaluable in achieving a satisfactory outcome.

Pursuing Litigation

When a lawsuit is necessary, having experienced legal counsel is crucial.

A car accident attorney can represent your interests in court, handle all legal proceedings, and work tirelessly to recover compensation that exceeds the at-fault driver’s policy limits.

This professional will handle all aspects of the case, from gathering evidence and building a solid argument for presenting your case in court.

Protect Yourself Financially

Reviewing and strengthening your insurance coverage is crucial to protect yourself and your assets in case of a car accident.

Review Your Insurance Policies

One of the best ways to safeguard yourself financially is by reviewing your current auto insurance policy.

Ensure you have adequate uninsured motorist (UM) and underinsured motorist (UIM) coverage to protect yourself if the at-fault driver lacks sufficient insurance.

Consider purchasing personal injury protection (PIP) coverage, which can help cover expenses like medical bills and lost wages in case of an accident.

Consider Umbrella Insurance

An umbrella policy provides an extra layer of protection by covering liabilities that exceed the limits of your auto insurance policy.

These policies typically offer high coverage limits for relatively low premiums and can be valuable in ensuring your financial security.

Speak with your insurance agent to determine if an umbrella policy is a suitable option for you.

Prepare for the Unexpected

No one expects to be in a car accident, but it’s essential to prepare for the unexpected.

Consider setting up an emergency fund that can cover unexpected expenses like medical bills and lost income in case of an accident.

In addition, having legal representation and insurance coverage can help protect you financially and provide peace of mind if you are involved in a car accident with an underinsured driver.

Seek Professional Legal Help Today

If you’ve been involved in a car accident where the damages exceed the at-fault driver’s insurance limits, seek professional legal guidance immediately.

At TorHoerman Law, we have extensive experience handling complex car accident claims and can help you explore all possible avenues for compensation, from UIM claims to litigation.

We aim to hold liable parties responsible and ensure you receive the maximum compensation possible, even when insurance limits fall short.

Don’t face this challenging situation alone.

Contact us for a free consultation.

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