What Happens if Your Damages Exceed At-Fault Driver’s Policy Limit?
What Happens if Your Damages Exceed At-Fault Driver’s Policy Limit?

Damages from an auto accident vary greatly depending on the type and severity of injuries sustained. For accidents that resulted in minor injuries, the at-fault driver’s insurance policy might be enough to cover your damages. However, there are certainly instances in which the victim’s damages exceed the policy limit. What happens in these cases?

Underinsured Motorist Coverage

If you damages exceed the at-fault driver’s policy limit, the next place to turn is your own insurance policy. Hopefully your policy includes underinsured motorist (UIM) coverage. This is coverage that kicks in after the at-fault driver’s liability coverage is exhausted. The stipulation for UIM coverage to apply is that the UIM coverage must exceed the amount the underinsured driver’s policy pays in liability.

Recovering Damages from the At-Fault Driver

If you do not have UIM coverage, or if the amount of coverage is still not enough to pay for all your damages, you can try to recover damages from the at-fault driver. However, if the driver does not have the funds or assets to pay for your damages, you may have trouble recovering the money, even if the courts find in your favor.

“Because car accident damages often exceed policy limits, it is important for every driver to carry adequate uninsured and underinsured motorist coverage,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured in an auto accident and want to discuss your legal options, contact us today for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, El Centro, and Yucca Valley, and represent clients through the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.

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