It is not common for insurance liability limits on auto accidents to exceed applicable settlements. However, this only generally happens when there is strong evidence to support significant losses and serious injuries.
As part of the financial recovery in a car accident case, our personal injury law firm may be able to assist you in seeking fair damages by considering the details of your case. There are various possibilities for obtaining extra compensation.
Generally, there are three ways in which an attorney may be able to secure compensation above the limits of the client’s policy, noting that insurers usually do not include this in their policy and the client willingly agrees to pay more out for their worth.
Settling with the at-Fault Driver
If there are sufficient assets to address this disparity, it may be feasible for the responsible driver to consent to cover the remaining portion of your compensation using their personal assets, and for the insurance company to provide a payment in accordance with their maximum policy limit, thereby potentially achieving a resolution.
Filing a Claim Based on Your Underinsured Motorist Coverage
One of the easiest ways to secure additional compensation beyond the at-fault driver’s policy limits is to file a claim based on your own underinsured motorist insurance coverage. In many states, this coverage is often optional but frequently comes packaged with your auto liability insurance policy.
Winning an Award at Trial
When a car accident case goes to trial, the defendant, who is generally the at-fault driver, may face the possibility of having their assets seized or facing a lien. If the verdict exceeds the policy limits, the jury may issue a damages award that goes beyond the coverage limits. The jury does not concern itself with such matters.
To obtain a complimentary legal consultation, dial (800) 537-8185.
How a Car Accident Lawyer May Be Able to Help with Your Case
If you choose to hire us, we can look at your specific circumstances to determine the best route for you to recover compensation and claim your bills. Our law firm offers complimentary consultations, so you can ask more questions and learn about your rights.
We can create a customized plan for you that includes:
When you are filing a civil suit for a car accident case, there are time limits that you need to be aware of. Some of these time limits are very short, such as Louisiana’s limit of one year (according to La. Civ. Code Art. 3492). Victims in Alabama have two years to act, as stated in Alabama § 6-2-38, Code Ala. Both Arkansas and Arkansas have a time limit of three years (as per Ark. Code Ann. § 16-56-105). The time limit in Mississippi is also three years (according to Miss. Code Ann. § 15-1-49).
Securing a Settlement that Exceeds Policy Limits Is Often Difficult
To achieve optimal outcomes, it is advisable to collaborate with a personal injury legal practice that has extensive experience in handling such procedures. It can be difficult to establish that your claim holds greater value than the coverage offered by liability insurance and obtain this compensation, especially in cases where your injuries are significant.
In order to prioritize your well-being, enabling you to advocate for yourself throughout the entirety of the procedure, constructing a strong argument for equitable reimbursement, and collaborating with a lawyer who possesses the expertise to handle your insurance claims, if your injuries were substantial enough to exceed the coverage offered by the other driver’s insurance, it is probable that you are still in the process of recuperation.
Some Injuries Are More Likely to Secure Compensation Above Policy Limits
Due to the experienced losses and expenses, victims of this accident are likely to recover much more compensation than others. This means that the settlements to exceed policy limits and lead to compensation for injuries are generally means for victims to recover their losses and expenses. Compensatory damages are the most common category of claims recovered in car accidents.
Any significant injury that requires hospitalization for inpatient surgeries, nursing care, support at home, and rehabilitation could quickly exceed the limits of most auto insurance policies.
On the other hand, if you make a quick recovery within a few weeks and don’t need extended hospitalization and assistance, it’s unlikely that you will receive a compensation amount that surpasses the limits set by the policy.
Contact Morris Bart, LLC, About Your Case Today
The Morris Bart law firm provides complimentary consultations, operating in all regions of Alabama, Arkansas, Louisiana, and Mississippi via our 15 branches scattered throughout the Gulf South, all on a contingency fee basis.
You can contact our team today at (800) 537-8185 to learn more about how one of our lawyers can help you explore legal call options.
Have any inquiries? Dial (800) 537-8185 to locate a Morris Bart office in your vicinity.