May 30, 2024


The Legal System

How Often Do Auto Accident Settlements Exceed the Policy Limits?

Car insurance is required in order to drive a motor vehicle. There could be significant expenses if someone hits you with their car. You may also need to replace or repair your vehicle. These expenses should not be covered if the accident wasn’t your fault.

If you don’t have enough money to pay for your injuries and the other person doesn’t have car insurance, you might have to pay these costs out of your own pocket. To drive safely, everyone must have car insurance. The insurance policy covers expenses related to an accident involving a motor vehicle.

What Does the Limitation of Insurance Policy Mean?

Auto insurance policies generally have two types of insurance. These are:

  1. Insurance coverage for property damage
  2. Insurance coverage for personal injuries

This insurance limit covers property damage. Property damage insurance covers you if your vehicle needs to be repaired. Property damage insurance will cover you if your vehicle needs to be replaced.

This insurance limit is used to cover any injuries sustained in an accident involving a motor vehicle. The limits of these insurance coverages are not liable by the insurance company.

Everybody is required to have minimum coverage for personal injury and property damage. Some policies may provide additional coverage, but this is not always the case. If the other person has 50/100, the limit for property damage coverage is $50,000, and the limit for personal injury coverage is $100,000. You may be required to pay out of pocket for expenses that exceed these limits. You will receive $50,000 for property costs if you are unable to pay $60,000 in injury expenses and $60,000 for property damage.

What if the coverage is not enough?

You may feel it’s unfair if the accident was not your fault, and your insurance policy does not cover all your expenses. This is correct. There are many options for you to seek additional damages. You can sue above the policy limits if you want to receive more compensation. There are several options available to you:

  • An umbrella policy: You may be eligible to recover additional damages through an umbrella policy. Umbrella policies typically kick in after the maximum amount of other policies has been paid. Although it is unlikely that an individual will have umbrella insurance, corporations often have them. This umbrella policy may apply if you are struck by a truck driver.
  • Multiple Defendants, You may be eligible to have multiple insurance policies if more than one person is at fault for the accident. For example, if you’re struck by a truck driver, you might be able to access insurance policies not only from the driver but also from the trucking company. Additional compensation may be possible if you have multiple insurance policies.
  • Bad faith: Finally if an insurance company denies a claim that should be approved, you might be entitled to more significant damages. Legal professionals should investigate this issue using appropriate discovery motions.

This post was written by Kelly-Ann Jenkins of Jenkins Law P.L. Kelly-Ann is a car accident attorney in St Pete. She focuses on personal injury, car accidents, and bicyclist injuries. The information on this site is not intended to and does not offer legal advice, legal recommendations, or legal representation on any matter. Hiring an attorney is an important decision, which should not be based on advertising. You need to consult an attorney for legal advice regarding your situation. 

The information provided on this website does not, and is not intended to, constitute legal advice; all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites. =