When you get injured in an accident because of another party’s fault, you may want to seek compensation for your damages. You can file a claim with their insurance company and recover your medical bills, lost wages, and emotional damages. However, sometimes insurance does not have enough funds, and the damages can exceed the amount.
In a situation like this, the question of whether one can get more compensation than insurance limits may arise. If you have been injured by another party’s negligence and their insurance is not enough to cover your damages, you must get legal advice immediately to know what options you have left.
What are insurance policy limits?
Motor insurances are supposed to protect the vehicle owner in the case of an accident or when they are being sued for being negligent and injuring another party. However, even when one is being sued for damages, the insurance only pays a certain amount of money; that is, they have a limit.
Although the victim is allowed to negotiate the amount, the insurance company is not required to offer more than the limit. Moreover, insurance companies mostly look for ways to undervalue your claim. Therefore, it is very unlikely that they will offer any amount more than the limit.
What to do if your damages exceed the liable party’s insurance limits?
If you have filed a claim with the liable party’s insurance company, but your damages are worth more than they offer, you may still have two options.
Filing a claim with other parties.
In some cases, there is more than just one liable party. For example, sometimes, car accidents involve more than one vehicle. Additionally, you can sue parties like the manufacturer if there are any mechanical failures.
If your case is similar, you may be able to file a claim with the other parties and recover more compensation. However, cases like this can become complex, and you must get legal guidance.
Filing a personal injury lawsuit.
When you file a claim with the party’s insurance company, you can only recover compensation from their insurance funds. However, when you file a personal injury lawsuit, the liable party can pay however they wish to. They are not obligated to pay only from their insurance money.
Here, the case is taken to court and presented before the judge. Your attorney will present the arguments and evidence and wait for the judge to issue a verdict. Usually, the more evidence you can find in your favor, the better. The compensation amount hugely depends on the evidence.