Some car accidents are devastating, with severe injuries. Someone who survives a severe accident may have massive medical bills, months of lost income, and possibly a long-term disability.
Personal injury laws allow the injured party to demand compensation from the liable party and their insurance company. However, a major injury can quickly surpass the policy limits for the liable insurance company. What then?
Consulting a car accident attorney after a severe accident is the best way to understand your legal options with a large claim or lawsuit. Speak to a car accident lawyer today about the details of your case.
Auto Insurance Minimum Coverage And Auto Accident Claims
Virtually every driver in the US is required to have auto insurance with a minimum amount of coverage. For instance, Texas drivers must have at least $30,000 in bodily injury coverage per person, $60,000 per accident, and $25,000 for property damage. This is often called 30/60/25 coverage in auto insurance terminology.
For most auto accidents, minimum coverage is enough to compensate for the injured party’s medical bills, lost income, and pain and suffering. However, it’s estimated that the auto accident settlement exceeds policy limits in approximately 4 percent of auto accident cases.
Severe injuries can easily add to hundreds of thousands in medical bills and other damages. However, the insurance company isn’t obligated to pay more than the policy limits. If the accident claim is for more than the policy limits, the insurance firm will probably settle it for policy limits. Thus, if policy limits are $30,000, you will only get $30,000 from the insurance company, even if you have $100,000 in damages. You can have extensive unpaid expenses.
What If Accident Damages Exceed The At-Fault Party’s Auto Insurance?
If your auto accident claim exceeds policy limits, the other driver can be liable for your additional damages. However, if you settle with their insurance company, you must release the liable party from further liability. That said, there may be other legal options that your attorney can explore. This can be necessary if you have a severe injury, such as paralysis, brain injury, amputation injury, or severe burns:
Uninsured Driver Coverage
First, many drivers have underinsured and uninsured driver coverage on their policies. Some states require this coverage, while others allow you to opt out. This insurance covers injuries and damages caused by an underinsured or uninsured driver.
This coverage will also help if a hit-and-run driver hits you and leaves the accident scene. However, not everyone has uninsured driver coverage.
Umbrella Insurance
If the defendant is a homeowner, they can have an umbrella policy that covers their home, vehicle, and more. Your auto accident attorney will check if their umbrella policy can cover your additional accident damages.
Other At-Fault Parties
Some accidents are complex, and several at-fault drivers or parties can be involved. For example, several drivers may have been negligent and hit your vehicle. A car accident attorney will find every possible insurance policy for all parties covering your losses.
Employers
Some auto accidents involve drivers who were working when the incident happened. For example, a delivery driver on duty during the crash can be liable, but so can their employer. The driver’s company may be vicariously liable for your damages, too.
Product Manufacturers
Other auto accidents involve a defective vehicle or product. You can have a product liability claim if the car or parts manufacturer was negligent and caused your injuries. A product liability attorney can review your case to determine if a company is liable for the product defect that injured you.
Suing The At-Fault Party For Car Accident Damages
Another option, in some instances, is to sue the liable party and obtain a court judgment. However, many drivers are judgment-proof, meaning their assets are insufficient to pay you beyond what the insurance company pays.
Furthermore, many states have generous exemptions for civil judgments. For instance, Florida and Texas protect the homeowner’s home from being seized because of a lawsuit. Other protected items may include the person’s car, income, and personal items up to certain limits.
However, there are cases where the liable party can have assets, making filing a car accident lawsuit possible. For example, someone who owns several investment properties can be successfully sued for additional damages. Also, as explained earlier, an accident with a driver who was working can lead to a lawsuit against their employer with higher policy limits. Trucking companies, for example, usually carry insurance policies of at least $750,000 for general liability.
How An Auto Accident Attorney May Help With Your Case
A car accident attorney should be retained for any serious accident with injuries. Car accident lawyers know the laws of their state, how to negotiate with insurance companies, and the value of a severe auto accident claim. Your car accident lawyer can assist with the following:
Investigate The Auto Accident And Collect Evidence
The first step your auto accident attorney takes is investigating your accident. Obtaining compensation in a personal injury lawsuit means proving that another person’s negligence or wrongful action injured you. It involves proving the following statements:
- Another driver owed you a duty of care. For example, drivers owe other motorists a duty of care to drive safely, obey the law, and not injure others.
- The driver violated their duty of care by, for example, running a red light and hitting your car.
- You suffered injuries because of the accident, such as broken bones.
- You have damages from the injuries, such as $10,000 in medical bills.
Your lawyer will attempt to prove liability with the available accident evidence. The evidence may include witness statements, police reports, tire marks and vehicle damage, photos and videos from you or others at the scene, and surveillance video, if available.
The at-fault party’s insurance company also will investigate the accident. They may draw different conclusions than on your side. Retaining a car accident lawyer to conduct a full investigation to argue that the other party caused your injuries is imperative.
File Your Auto Accident Claim With The Insurance Company
Next, your auto accident lawyer will submit your claim to the liable party’s insurance company. The insurance adjuster will evaluate the claim and your damages, which may take a few weeks. The insurance company will either accept or reject liability.
The next step depends on the situation. If the insurance company accepts, your lawyer will begin settlement negotiations. If it rejects liability, your attorney can recommend filing a lawsuit.
Prove Your Damages To The Insurance Company Or Jury
You also must prove that the accident caused your injuries and damages. Your car accident attorney will gather evidence of your damages, such as medical bills, lost earnings information, and pain and suffering evidence.
This information will convince the insurance company to offer a fair settlement. However, if the settlement offer is too low, your attorney may file a personal injury lawsuit and argue your case before the jury.
If the defendant is judgment-proof and obtaining additional compensation beyond policy limits is unlikely, your attorney may recommend accepting the settlement offer.
File A Claim With Your Uninsured Driver Coverage
Suppose the at-fault driver fled the scene or has no insurance. In that case, your attorney may assist with filing a claim on your uninsured driver policy, if available.
Provide Detailed Legal Advice
Every auto accident claim or lawsuit differs from another. An experienced car accident attorney will provide detailed legal guidance depending on the situation. They may recommend taking the best settlement offer, especially if policy limits are offered.
However, for a more severe injury, or if the defendant is wealthy, it may be beneficial to file a personal injury lawsuit. If filing a lawsuit may be helpful, your attorney will argue the case in court before a jury. Your lawyer may also advise seizing the defendant’s property to satisfy a judgment. However, it may be pointless to file a lawsuit if the defendant owns few assets.
Common Auto Accident Settlement Questions
Auto accident settlements and lawsuits are complicated, and you are probably looking for more answers. Below are some common questions and answers about auto accident cases:
How Are My Damages Calculated In A Car Accident Lawsuit?
Damages in your car accident claim are based on the extent of injuries and other damages. Your attorney will calculate your medical expenses, future medical needs, lost earnings, and pain and suffering to approximate case value. Pain and suffering damages are subjective, so your lawyer will rely on medical expert statements and documentation to prove the physical discomfort your injuries cause.
Also relevant are the circumstances of the crash and whether the case settles or goes to trial.
Not all auto accident claims are worth suing over. We have illustrated that many at-fault drivers don’t own significant assets, and many of the assets they do have can be covered by state exemptions.
Other factors that matter in your claim are the experience of your attorney and how far they will take a case to obtain financial justice. Most insurance companies want to settle, but your situation can be different.
I Got Hit By A Commercial Truck. Is My Case Worth More?
A tractor-trailer accident claim or lawsuit may have a higher case value. Commercial trucks are large and heavy, and accidents with smaller vehicles can be devastating. These cases also typically involve commercial entities with higher insurance limits, so filing a personal injury lawsuit for severe or catastrophic injuries may be worthwhile.
Commercial truck accident claims are always more complicated than passenger vehicle accidents. Only try to settle a truck crash claim or file a lawsuit after consulting a skilled, tenacious personal injury attorney.
I Was In A Car Accident A Month Ago. Now I Have Severe Pain. What Can I Do?
It’s preferred to receive immediate medical assistance after a car accident, even if you think you’re uninjured. However, you should get medical care as soon as you notice pain and injuries from the crash, even if it’s been weeks since the accident.
The next step is to speak to a car accident attorney. Your attorney may still be able to assist with filing a claim or lawsuit against the liable driver or entity, assuming the statute of limitations in your state hasn’t expired.
How Do I Pay Medical Bills After a Serious Car Accident?
Many auto accident victims, even with solid health insurance coverage, may not seek immediate medical assistance because of worries over the cost. However, you should still seek medical treatment for your injuries, even if you don’t have insurance.
A car accident attorney should be consulted if you have questions about how to obtain coverage for your injuries. They can communicate directly with healthcare providers and medical facilities and assist with obtaining treatment. Many healthcare providers may establish a medical lien on your claim, meaning they will only seek reimbursement from your settlement or jury award. This procedure may facilitate your receiving medical care after the accident without out-of-pocket costs.
Your attorney can also advise you about securing healthcare coverage from your insurance provider. When the case settles, or you win in court, your health insurance company will subrogate the claim to seek reimbursement from the liable insurance company.
Can I Get More Compensation After I Settle?
No. Once you sign a settlement agreement, you have forfeited the right to seek additional compensation from the liable party and their insurance company. Therefore, always have a car accident attorney review any settlement offer received before signing it.
Contact A Car Accident Lawyer Today
After a car accident, it’s essential to negotiate a settlement with the liable insurance company. However, sometimes, accident injuries and damages will exceed policy limits. When that happens, a car accident attorney can assist with laying out your legal options. One of your options may be to file a personal injury lawsuit against the liable driver or company. Talk to a car accident lawyer in your city today for a free consultation to learn more.