Car accidents can be catastrophic, resulting in damages that exceed the liability insurance limits of a negligent driver’s policy. That doesn’t mean you can’t get more compensation, however, and our lawyers can explain your options.
If you have uninsured/underinsured motorist coverage (UM/UIM), filing a claim could cover additional damages over the negligent driver’s liability insurance. If there are still damages you need to recover, you may be able to sue over the driver’s personal assets, if they are sizeable enough. We can also investigate whether someone else shares liability for your damages, such as another driver or a vehicle manufacturer.
To get a free and confidential case evaluation from our California car accident lawyers, call the Law Office of John J. Perlstein at (213) 252-1070.
How Can You Get More Compensation if Car Accident Damages Exceed Policy Limits in California?
Getting more compensation if your car accident damages exceed the negligent driver’s policy limits may be possible with our lawyers’ guidance.
File an Uninsured/Underinsured Motorist Claim
Uninsured/underinsured motorist coverage isn’t mandatory in California, unlike liability insurance. Still, many drivers choose to get this additional coverage in case a negligent driver is uninsured, or damages exceed policy limits.
At a minimum, UM/UIM in California must cover up to $30,000 per person and $60,000 per accident. Even with this additional compensation, it may not be enough to cover all your damages if you have already met the negligent driver’s policy limits and still need compensation.
File a Lawsuit for the Negligent Driver’s Personal Assets
If your damages exceed the negligent driver’s policy limits and a payout from your UM/UIM coverage still leaves too many medical bills, lost wages, or other expenses uncovered, you still have options. You may be able to file a lawsuit against the driver and get more money if they have substantial personal assets. If the driver has limited assets, getting more compensation this way can be challenging.
Force Insurance Company to Pay Full Damages
In California, insurance companies must settle claims where the fault is clear and the offer is within the policy limit. If they refuse, and the case goes to trial and the policyholder loses, the injured victim is allowed to sue the insurance company for the whole value of the case, even damages beyond policy limits.
This rule is somewhat unique to California and is meant to encourage swift settlements.
Identify Another Liable Party
More parties may be involved and share liability for your recent accident than you initially assumed. Other possible liable parties include another driver involved in the collision, the manufacturer of a defective vehicle or car part, and even local governments for failing to address dangerous road conditions.
Identifying even just one more liable party helps us get you more compensation. It may even lead to a full financial recover if each party can afford to pay their share of damages.
What Should You Do if Auto Accident Damages Exceed Policy Limits?
If your auto accident damages exceed a negligent driver’s policy limits, don’t assume you cannot get more damages elsewhere.
Talk with an Experienced Lawyer
If your damages exceed what the negligent driver’s insurer will pay, don’t give up seeking additional compensation. Talk to our Los Angeles car accident lawyers to find out if you can get extra damages from your UM/UIM coverage, the at-fault driver’s personal assets, or another liable party altogether.
Confirm Your Total Damages
Carefully calculating damages can confirm whether or not your losses exceed the negligent driver’s policy limits and if you need to pursue additional compensation from a lawsuit against the driver, a UM/UIM claim, or a lawsuit against another driver or liable party. You must prove your damages in all these situations, and our lawyers can do so by tracking all your losses.
Document Your Injuries
When seeking compensation from the negligent driver’s liability insurance, your own uninsured/underinsured motorist coverage, or a lawsuit holding the driver personally responsible, you must show documentation of the injuries that need compensation. Use medical records, photographs, police reports, and witness statements to show you were hurt in a specific accident and not due to your own negligence.
FAQs About What Happens if Auto Accident Damages Exceed Policy Limits
What Are Minimum Policy Limits for Auto Accidents in California?
The mandatory minimums for auto accident liability insurance in California are $30,000 for bodily injury per person, $60,000 for bodily injury or death per accident, and $15,000 for property damage per accident. These are minimum amounts, and some drivers purchase policies that cover larger amounts.
Who Pays if Auto Accident Damages Exceed Policy Limits?
If auto accident damages exceed policy limits, you can seek additional payment from your uninsured/underinsured motorist coverage or directly from the negligent driver if they have substantial personal assets.
What Kinds of Injuries Exceed Policy Limits for Auto Accidents?
Damages from catastrophic injuries might quickly exceed policy limits after auto accidents, as long-term care, lost wages, and other damages may be ongoing for years or the rest of a victim’s life.
How Do You Know if Auto Accident Damages Exceed Policy Limits?
Based on the negligent driver’s insurance information and our evaluation of your total damages, we can assess whether your damages may exceed policy limits and plan for how to get the rest of the compensation you need.
What if You Don’t Have UM/UIM Coverage and Damages Exceed Policy Limits?
If you don’t have UM/UIM coverage and damages exceed the at-fault driver’s policy limits, you can seek compensation from them directly if they have enough personal assets, which is entirely case-dependent.
Should You Get a Lawyer if Auto Accident Damages Exceed Policy Limits
You should get a lawyer and learn more about other recovery pathways if your car accident damages exceed the negligent driver’s policy limits and you still need more compensation.
Get Fair Compensation After an Auto Accident in California
Call the Irvine, CA car accident lawyers of the Law Office of John J. Perlstein at (213) 252-1070 for your free case evaluation.