What Happens When a Car Accident Claim Exceeds Insurance Limits?

When a car accident claim goes above insurance limits, it can make it difficult for you to recover all your losses. The insurance company is only obligated to pay up to the limit of the at-fault driver’s policy. However, you could secure more money through your liability coverage or other optional coverages, settle with the at-fault driver, or file a personal injury lawsuit.

The insurance limit should not prevent you from receiving the amount you need and deserve. As an experienced Norfolk car accident lawyer, I will evaluate your options. Call me, Ed Atkinson, today to schedule a free initial consultation.

What Is a Car Insurance Policy Limit?

A car insurance policy limit is the maximum amount of money your insurance company will pay for certain expenses in the event of a car accident or other types of incidents. These limits are outlined in the insurance policy and vary depending on the type of coverage.

In Virginia, drivers are required to have car insurance that meets the state’s minimum standards. All motorists must carry proof of this coverage while driving and present it if requested by law enforcement.

Liability Coverage in Virginia

In Virginia, the law requires all drivers to have liability insurance. It covers the bodily injuries and property damage of those injured by the at-fault driver. Each state sets its own liability coverage limits.

The following table shows the current liability insurance coverage requirements in Virginia and those applicable from next year, according to the Virginia Department of Motor Vehicles (DMV).

	Policies effective between Jan. 1, 2022 – December 31, 2024	Policies effective from Jan. 1, 2025
Injury or death of one person	$30,000	$50,000
Injury or death of two or more people	$60,000	$100,000
Property damage	$20,000	$25,000

How to Get More Compensation if Your Car Accident Claim Exceeds Insurance Limits

There are multiple ways a car accident attorney can help you receive more money above policy limits. As your lawyer, I will evaluate all your options and identify the easiest path for additional compensation in your situation. Atkinson Law’s track record of successful case results highlights my commitment to achieving the best possible outcome for each client.

Settle With the At-Fault Driver

If your claim is over auto insurance limits, you could settle directly with the at-fault driver. By doing so, you may negotiate an agreement outside of the insurance coverage, potentially accessing additional funds.

This approach involves direct communication and negotiation with the responsible party or their attorney. However, you should not engage with them without talking to a lawyer first; anything you say may be used against you. As your attorney, I will protect your rights and negotiate for maximum settlement.

Use Your Underinsured Motorist Coverage

In Virginia, underinsured and uninsured motorist coverage is legally required. This is designed to protect you after an accident with a driver who doesn’t have enough insurance.

If the at-fault driver’s insurance limits are insufficient to fully compensate you, underinsured motorist coverage can step in to make up the difference up to the limits of your policy.

Use Other Optional Insurance Coverages

Virginia drivers can upgrade their car insurance policy with several other optional coverages. While these are not mandatory, they do offer a valuable safety net in case of an accident.

If you have any of the following optional insurance coverages, you could receive additional compensation:

• Comprehensive: This protects your own vehicle if it becomes damaged. It typically does not apply to crashes, but it may include theft, vandalism, fire, severe weather, and collisions with animals.
• Collision: This optional component of car insurance policies provides financial protection in the event of a collision. It helps pay for the repair or replacement of your vehicle, regardless of who is at fault for the crash.
• Medical expense and income loss benefits: Medical expense coverage typically reimburses for medical bills, hospital stays, and related expenses, regardless of who was at fault. Income loss benefits coverage, on the other hand, addresses lost wages if you’re unable to work due to your injuries.

File a Car Accident Lawsuit

You may also file a personal injury lawsuit against the at-fault party. The process involves submitting a formal complaint to the court, followed by a series of legal proceedings, including discovery, depositions, and potentially a trial.

While filing a lawsuit can be time-consuming and stressful, it offers you the opportunity to present your case before a judge or jury and continue the fight for a favorable verdict. Seek legal guidance from an experienced trial attorney like myself, who can advocate effectively on your behalf.

If you file a car accident lawsuit, you could receive damages, such as:

• Medical bills
• Future medical expenses
• Lost earnings
• Diminished earning capacity
• Property damage
• Physical pain and mental anguish

Virginia has a deadline for taking legal action against the defendant, known as the statute of limitations. According to the Code of Virginia § 8.01-243, you generally have two years to file a personal injury lawsuit. Failure to meet this deadline may lead to your case being dismissed, and you may no longer receive a fair amount.

How a Car Accident Lawyer Will Help You Secure Compensation Above Policy Limits

Demonstrating that you deserve an amount above the limits of liability insurance coverage can be an uphill battle. It’s often difficult to prove the full extent of your damages and secure a payout that reflects this. That’s why working with a reputable car accident lawyer can make all the difference.

I approach each case with a tailored legal strategy to achieve each client’s goal. Using all available evidence, I will calculate your expenses and estimate future losses to file a detailed car accident claim. I treat all cases with urgency to make sure that all the necessary documents are filed within Virginia’s statute of limitations.

After reviewing the details of your case, I will explore all avenues for financial recovery and plan a strategic approach. I want to hear all the details of your story so that I can better understand your situation. I’m here to make sure your voice is heard loud and clear.

Call Atkinson Law Today for a Free Consultation

I founded my own personal injury law firm to make a difference in the legal industry. This allowed me to offer the type of legal representation I truly believe in, one centered on compassion and trust.

My firm is founded on the principle that every client deserves personalized attention and top-quality legal guidance. By putting your needs first and prioritizing open communication, I create a supportive environment where you feel empowered to pursue justice.

Contact me today if your car accident claim exceeds insurance limits. We will work together to find the right approach to secure more money.