If you or someone in your family suffers a serious injury in a car accident caused by another person, your recovery time may necessitate missing out on work and receiving expensive medical attention. The Texas legal system allows for you to recover compensation in order to get your life back to where it should be, but given the extent of your damages, you may be wondering, “Can I collect injury compensation beyond the insurance policy limits?”
You are not bound by the negligent party’s insurance policy limits, and you can seek compensation beyond that. The options that you may have will be determined by the details of your case, and in order to try and get more than the offending parties insurance policy. It will be also determined by the skill of your experienced car accident attorney.
File Claims Against Multiple Parties
Unfortunately, car accident claims often exceed insurance policy limits, particularly when involving severe personal injury cases. Even if a court awards more than the insurance limit is slated to pay, the insurer will generally hold to their policy limit. This makes collecting the award difficult.
Car accident claims against multiple at-fault defendants often provide access to various insurance policies from which claims can be paid. Defendants may be held jointly and severally liable for damages, and the award will be pulled from each insurance policy to compensate the full amount. Many times it takes an experienced car accident attorney to uncover additional parties. Here are some examples of multiple parties.
- Mechanics may have left the other vehicle in an unsafe condition which may have been part of the reason for the car accident.
- A construction zone may have been dangerous and attributed to the car accident.
- Road conditions may have been made dangerous by a second party.
The importance of an experienced car accident attorney will help in uncovering these parties in order to help maximize your compensation.
Going After the Umbrella Policy
Sometimes, though rare, defendants may carry an “umbrella” policy, which provides extra coverage above the primary policy. Umbrella policies are designed to take effect when a policyholder’s liability exceeds primary policy limits. If a defendant has an umbrella policy, it may cover the total of your damage award.
Suing the At-Fault Driver Personally
If the award for damages exceeds the insurance policy limits, you may be able to seek compensation for the difference by suing the defendant directly. However, depending on the award amount, the defendant may not have enough personal assets to cover the payout, and collecting the award may be virtually impossible. In most cases, your lawyer will pursue compensation for you through negotiations with the insurance company. This might limit you if your damages exceed the policy limits, but it may be the best way unless your lawyer decides that a lawsuit would be necessary.
Consult an Experience Car Accident Attorney in Order to See If You Can Get More Money than the Insurance Limit
When a driver purchases liability insurance, there is always a policy limit. This limit refers to the maximum amount of compensation an insurance company will pay out if the policyholder is being sued. Insurance policy limits apply to cases settled out of court and to compensation awarded in a verdict.
Unfortunately, you cannot make an insurance company pay beyond its policy limit. You do, however, have the right to sue the at-fault driver for more than the value of his or her insurance policy. This would mean directly filing a lawsuit directly against the driver who caused the accident and not the insurer.
The issue is that many drivers typically do not have the funds to cover your damages. Even if you win the case, you may not be able to collect the full amount awarded. Lawsuits can be expensive and lengthy.
In most cases, your car accident lawyer will pursue compensation for you through negotiations with the insurance company. This might limit you if your damages exceed the policy limits, but it may be the best way unless your lawyer decides that a lawsuit would be necessary. Obtaining compensation beyond the insurance limits in Texas is difficult, but not impossible. Consulting an experienced attorney can provide answers if you would be able to collect more than a policy limit is sometimes possible if your injuries and damages require more compensation. Call our law offices today at any of our convenient locations and get a free consultation.
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