If you have been injured in a car accident because of another driver's negligence, you should pursue compensation for the damages. Once your claim becomes successful, the at-fault party's insurance company pays out the compensation. However, the amount you receive is limited to the driver's insurance limits. Therefore, if the at-fault driver has low liability limits, you may get little compensation for your injuries.
What can you do in this case to receive a higher payout for your injuries? Below are three options you can explore to recover more than the at-fault driver's insurance limits.
Seek Compensation From Other Liable Parties
Are there other parties that may have been indirectly responsible for your car accident? If so, you can pursue them to receive your rightful compensation. Below are examples of third parties you can hold liable for a car crash.
- Government entities: If the at-fault driver crashed due to poor road conditions, absence of signage, or traffic light defects, you can sue the government entity responsible for road and traffic management.
- Vehicle manufacturer: Where an accident occurs because of a manufacturing defect in the other driver's vehicle, you can sue the car manufacturer for the damages not covered by the insurance company.
- Pedestrians and cyclists: If the at-fault driver crashed while trying to avoid hitting a negligent pedestrian or cyclist, you could pursue these parties for compensation.
You need to properly investigate the car accident and identify all the liable parties, so you can pursue compensation for all the damages.
File a Claim Under Your Underinsured Motorist Cover
Does your state require you to carry underinsured motorist (UIM) coverage? A UIM cover protects you if you get hit by a driver who doesn't have enough coverage to pay for the damages they caused. Underinsured motorist policies cover bodily injuries, lost income, future medical care, and pain and suffering. Most don't cover damage to your vehicle. Also, the amount of payout you can receive will depend on the maximum limit of your insurance policy.
Sue the At-Fault Driver
Most car accident cases are resolved out of court, whereby both parties agree on the compensation amount. However, if the at-fault driver's insurance cannot cover all your damages, you can sue the driver. If you win the case, the driver will have to pay for all the damages awarded to you by the court. This may require the driver to sell assets to settle the judgment. However, this option should be a last resort because the defendant may not have valuable assets worth pursuing in court.
The above options come with various challenges that can hinder your ability to recover your rightful compensation. Therefore, consult a car accident law firm—such as Hamilton Law Firm, P.C.—for professional advice and legal representation.