Every victim has the right to file a claim and seek compensation for the damages caused by someone else’s negligent conduct. If the claim gets accepted, the at-fault driver’s insurance company pays the compensation amount for covering the damages.
However, in some cases, the insurance limit is insufficient to cover all the expenses incurred by the victim due to the accident. The victims may find themselves in a confused state. To make it clear, yes, it is possible to recover more than the liable driver’s insurance coverage limit. Contact a truck accident lawyer to get legal assistance regarding your case. They are professionally trained to assess your claim and aid you in recovering the total amount of compensation required to make up for all the losses.
Insurance Policy Limits
All the drivers of an at-fault state must carry liability insurance for accidents. The insurance helps pay for bodily injuries or property damage caused by the crash.
Filing a Claim Through Underinsured Motorist Policy
If your injuries are caused by a single driver and the insurance coverage is not adequate to cover your losses, you can file a claim under
Uninsured/Underinsured Motorist (UIM) policy to seek the total amount of compensation.
The UIM claim helps recover the financial losses, including the medical bills and loss of potential income. It does not cover the pain and suffering endured by the victim.
Filing a Lawsuit for Bad Faith
If the insurance company fails to pay the claim amount without a genuine reason, the insurance company can be sued by a lawsuit for bad faith. Unfortunately, it is a complex process, so make sure to seek the help of an attorney for guidance.
Suing the At-Fault Driver
In instances where the insurance coverage is insufficient for recovering the losses caused by an accident, a lawsuit can be filed against the driver at fault. This is done after a thorough assessment of the liable driver’s asset. If the driver does not have assets, a lawsuit will be futile. Filing a lawsuit requires a lot of resources like time and money, so it is essential to be careful while using the liable driver. Discuss this with your lawyer to check if it is worth it.
Seeking Compensation from Other Parties
In some cases, multiple drivers can be responsible for causing the accident. If the compensation amount exceeds the limit of one person, it will be settled through another driver’s insurance coverage accountable for the accident.