What Happens If Your Car Accident Claim Surpasses the Insurance Policy Limits?

What Happens If Your Car Accident Claim Surpasses the Insurance Policy Limits?


It’s common for drivers to cause car accidents that lead to damages that surpass the liability coverage limits of their insurance policy. Such incidents leave drivers wondering whether they will get enough compensation to cover all the expenses they had to bear for the damages.

Car accident victims who had injuries due to the fault of an underinsured or uninsured driver should speak to a reputable lawyer immediately. Reading through posts on popular platforms like King Law’s blog, a personal injury and criminal defense law firm in Rochester, NY. A resource like this will tell you why you should seek legal assistance after a car accident. One of the main reasons why you should hire a lawyer is winning the compensation you deserve. Read on to know more about car insurance and car accident covers.

Information Regarding Car Insurance Requirements

The federal law and law in most states require drivers to have liability insurance worth a certain amount. Such policies cover the expenses car accident victims need to bear due to the insured driver’s fault. Every state has a minimum limit set for drivers purchasing liability insurance. There are minimum limits set for the following situations:

  • For covering the physical injuries of each victim of an accident
  • For covering physical injuries taking place during a particular accident
  • For covering property damage resulting from a particular accident

Drivers often buy much more than the minimum required coverage. However, despite doing so they might not have sufficient funds for paying for damages occurring due to severe car accident injuries.

How to Recover Additional Compensation?

When the insurance coverage of the driver at fault fails to cover your damages, look for other options for covering the remaining expenses. One option is submitting a claim to your car insurance company. If the policy you purchased included underinsured/uninsured motorist coverage, you will get a big enough payment as compensation for your damages.

If your policy includes collision coverage, you will get compensation for damages occurring to your car due to the crash. This is a common car insurance clause for individuals who have taken a car loan to buy their vehicle.

Having a qualified lawyer by your side will make getting a hefty compensation using the above tips and more much easier for you.

Can I File a Lawsuit Against the Driver at Fault If He Is Underinsured?

The general answer would be “No”. Once you file your claim and the driver’s insurance company pays you compensation, you cannot ask anything additional from them. That’s because to get the payment, you will first need to sign a settlement contract. Such contracts typically include a clause that stops victims from suing the driver at fault.

However, if the accident involved other parties and your lawyer can prove them guilty, you can file fresh claims against them. For instance, if the accident occurred due to a faulty product, you may sue its manufacturing company and win compensation.

Reading through popular blogs like King Law’s blog will give you more ideas about winning maximum compensation for your damages. However, to deal with such cases effectively, you must seek assistance from a competent lawyer.

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