serious car accident

What If My Car Accident Damage Exceeds the At-Fault Driver’s Insurance Coverage?

Suffering property damage and bodily harm from a car accident is devastating, especially if the at-fault driver’s auto insurance policy will not cover all of the damages. However, just because your property damage and medical costs exceed the at-fault driver’s insurance policy does not mean that you cannot receive compensation for the harm you suffered. You are entitled to damages from the at-fault driver and you need a legal team that will help you get what you deserve!

When Your Damages Exceed the At-Fault Driver’s Insurance Policy

If your vehicle’s damages, medical costs, and lost wages exceed the at-fault driver’s insurance policy, it can complicate receiving compensation for your damages because insurance companies only pay out the policy limit. However, just because the at-fault driver’s insurance company is not obligated to pay more than the policy limit does not mean that the at-fault driver is cleared of responsibility.

Options for receiving compensation include:

  • Collecting from your insurance company through your underinsured motorist coverage
  • Collecting from the defendant’s umbrella insurance policy
  • Collecting from the at-fault driver personally
  • Bringing a lawsuit against multiple defendants

Collecting From Your Own Insurance Company

If your insurance policy includes underinsured motorist coverage (UIM), you can file a claim against your insurance company for the excess damages that are not covered by the at-fault driver’s insurance company.

Collecting From the Defendant’s Umbrella Insurance Policy

Umbrella insurance policies cover damages that exceed the original insurance policy’s limit. This excess liability insurance is common with corporate defendants or high net worth individuals who want to avoid having to use their savings or other assets to cover the damages not covered by their original insurance policy.

Collecting Personally From the At-Fault Driver

You can also file a lawsuit against the at-fault driver personally for damages that exceed their insurance policy’s limit. If the at-fault driver has property or significant wages, you can win an award at trial, garnish the driver’s wages, or put a lien on their property so that it cannot be sold unless you are paid out of the proceeds. The effectiveness of this method depends on if the at-fault driver has significant property or wages that could be collected.

Bringing a Lawsuit Against Multiple Defendants

If your car accident involved multiple at-fault drivers or the at-fault driver was on the clock for a corporation at the time of the accident, you could sue multiple defendants in order to get full coverage for your damages. Although one defendant’s policy may not be sufficient, the combination of multiple defendants’ policies could provide you with more opportunities to receive compensation.

How GoldenbergLaw Can Help You

If you or a loved one were injured in an auto accident, contact the Auto Accident Attorneys at GoldenbergLaw today for a free consultation. Lawsuits are complex, and you need a legal team that has the expertise, experience, and compassion to give you the Gold standard of advocacy you deserve!

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