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Options for Recovering More Than The Insurance Policy Limits of an At-Fault Driver

Options for Recovering More Than The Insurance Policy Limits of an At-Fault Driver

By
Abasi Major
January 17, 2023

When an at-fault driver is underinsured or uninsured, the victim may find themselves facing significant losses that their insurance policy limit is not able to cover. Fortunately, there are options available for them to recover the amount to which they are entitled.

In this article, we will look at some of these options, including filing a lawsuit against the at-fault driver, seeking compensation from other sources that may be liable for your losses, and potentially filing a lawsuit against the insurance company. 

Insurance Policy Limits in San Antonio, TX

The most common form of auto insurance is liability coverage, which pays for damages and injuries caused to another driver or their property in the event of an accident. 

In San Antonio, drivers are required to have a minimum of $30,000 in bodily injury liability coverage per person and $60,000 in total maximum per incident. Property damage liability coverage requires at least $25,000 for damages to another vehicle or structure.

How Often Auto Accident Settlements Exceed the Insurance Policy Limits

Auto accident settlements often exceed the insurance policy limits, as insurance companies do not always provide a fair settlement that covers all of the damages incurred. 

In cases where the other party is at fault and has insufficient liability coverage to cover all the damages, an injured person may have to pursue legal action.

Options to Recover if the At-Fault Driver Has Low Insurance Policy Limits

It is important to take steps to protect yourself following an accident with a driver who has low insurance coverage. Here are some legal options that may be available to you.

Seek Compensation from Other Liable Parties

If you have been injured in a car accident and the at-fault driver has a low policy limit, you may still be entitled to compensation from other liable parties. Depending on the circumstances of your case, other liable parties can include: 

  • Vehicle’s owner (or the parent or guardian if the driver is a minor)
  • Mechanic or manufacturer of a faulty vehicle part 
  • Person, business, or agency that negligently maintained the roadways 
  • Government agency responsible for maintaining public roads 

Your attorney can conduct an investigation into potentially liable parties and advise you on whether your claim is viable.

File a Claim From Your Underinsured Motorist Policy

You may also be able to file a claim through your own underinsured motorist policy (UIM). UIM coverage is designed to provide additional compensation if the at-fault driver’s policy limits are not enough to cover all your costs. 

When filing a UIM claim, present evidence that demonstrates the extent of the damages and losses for which you are seeking compensation. This could include medical bills, repair costs, lost wages due to time spent away from work, and other related expenses. 

The insurance company may require you to provide detailed information about your injuries and the circumstances surrounding the accident. You should be prepared to answer questions regarding the at-fault driver’s policy limits and any other available sources of compensation.

File a Lawsuit for Insurance Bad Faith

Bad faith happens when an insurance company fails to deal fairly with its customers, such as by refusing to honor a legitimate claim. A bad faith lawsuit can help ensure that you receive full compensation for your injuries, medical bills, and other damages even if the at-fault driver has low insurance policy limits.

In order to prove bad faith on the part of an insurance company, you must show that the insurance company did not act in good faith when handling your claim. This can include things like refusing to pay a legitimate claim or unreasonably delaying payment. You will also need to show that you suffered financial harm as a result of the insurance company's actions.

File a Lawsuit Against the At-Fault Driver

In the event that an at-fault driver has low insurance policy limits, you may wish to file a lawsuit directly against the at-fault driver. This will allow you to seek compensation for any additional costs that exceed their insurance policy limits.

Get Help From a Car Accident Attorney 

A qualified car accident lawyer in San Antonio will be able to review your case and assess the details of the accident such as who was at fault, the extent of damage to both vehicles, any existing insurance policies, and other factors. An attorney can help you determine if you have a claim worth pursuing against the at-fault driver with low insurance policy limits.

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