What Happens If the At-Fault Driver’s Insurance Isn’t Enough?
Car accidents are stressful enough without having to worry about whether the at-fault driver’s insurance will cover all your damages. Unfortunately, many victims find that the policy limits of the at-fault driver’s insurance are insufficient to pay for all their medical bills, lost wages, and other related expenses.
In this blog, we’ll explain what happens if the insurance isn’t enough and what steps you can take to protect your rights and secure the compensation you deserve.
Understanding Insurance Policy Limits
Every car insurance policy has a maximum payout, known as the policy limits. These limits are the maximum amount an insurance company will pay for a claim. For example, if the at-fault driver’s policy has a limit of $50,000 and your damages total $100,000, you would only receive up to $50,000 from that insurance company. The remaining $50,000 would need to be recovered through other means.
The Role of Uninsured/Underinsured Motorist Coverage
Many drivers purchase uninsured or underinsured motorist (UM/UIM) coverage as part of their own insurance policies. This coverage is designed to protect you if the at-fault driver doesn’t have enough insurance or no insurance at all. If you have UM/UIM coverage, you may be able to claim additional compensation from your own insurance policy to cover the gap between the at-fault driver’s policy limits and your actual damages.
However, not everyone carries adequate UM/UIM coverage, and even if you do, the coverage may not fully cover all your losses. It’s important to review your own policy to understand what protection you have in place.
Pursuing Additional Compensation
When the at-fault driver’s insurance is not enough to cover your damages, you have several options:
- Filing a Lawsuit Against the At-Fault Driver:
If the insurance payout does not fully cover your damages, you may consider filing a personal injury lawsuit against the at-fault driver. In court, you can seek compensation not only for your immediate expenses but also for long-term losses such as future medical care, ongoing pain and suffering, and lost income. However, even if you win a lawsuit, collecting the awarded amount may be challenging if the at-fault driver does not have sufficient assets. - Seeking Compensation Through Your Own Insurance:
If you have UM/UIM coverage, you can file a claim with your own insurer. This claim is intended to make up the difference between the at-fault driver’s insurance payout and your total damages. It’s important to understand the limits and conditions of your policy, as these can vary significantly. - Exploring Other Legal Avenues:
In some cases, other parties may share liability for the accident. For example, if poor road maintenance contributed to your accident, you might have a claim against the local government. Additionally, if a defective vehicle part caused the crash, you may have a product liability claim. These cases can be complex and require a thorough investigation.
Why You Need a Personal Injury Lawyer
Navigating the complexities of insurance claims and lawsuits can be overwhelming, especially when you’re trying to recover from an accident. Insurance companies are in the business of protecting their bottom line, and they often try to settle claims quickly and for as little money as possible.
A skilled personal injury lawyer can help you:
- Evaluate Your Damages: Ensure all your losses, both current and future, are properly accounted for.
- Negotiate with Insurance Companies: Work to secure a fair settlement that covers your full range of damages.
- File a Lawsuit if Necessary: Represent your interests in court and pursue additional compensation if the insurance payout is insufficient.
- Guide You Through the Legal Process: Provide clear, understandable advice every step of the way, reducing the stress and uncertainty during this challenging time.
Your Next Step
If you’ve been injured in an accident and the at-fault driver’s insurance isn’t enough to cover your damages, don’t wait to get the help you need. The sooner you speak with an experienced personal injury lawyer, the sooner you can take steps to secure the compensation you deserve.
Contact Zaber Law today for a free consultation to get started on your path to recovery and justice. Our dedicated team is ready to review your case, explain your options, and fight for your rights. You shouldn’t have to shoulder the financial burden of an accident alone.
