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What Happens When a Car Crash Claim Exceeds the Limits of an Insurance Policy?

Posted on behalf of Anderson Cummings on Sep 14, 2020 in Auto Accidents

uninsured-motorists-claimEven if drivers purchase more than the minimum required liability coverage, they may end up causing an accident that results in damages that exceed their liability coverage limits. When this happens, crash victims are often unsure if they will be able to obtain compensation for the full cost of their damages.

If you or someone you care for was injured in an accident with an uninsured or underinsured driver, you should seek legal assistance immediately. At the law firm of Anderson & Cummings, we can discuss your claim for free to learn how we may be able to help you pursue full compensation for your losses and damages.

Our Fort Worth car accident lawyers are committed to seeking maximum compensation for car crash victims throughout Texas. There is no obligation to retain our legal services and there are no upfront costs to you. We only receive payment if we obtain funds for your claim.

Car Insurance Requirements in Texas

All drivers in Texas are required to carry a certain amount of liability insurance. This type of coverage pays for damages suffered by another driver in an accident you cause. The minimum amount of coverage drivers must purchase includes:

  • $30,000 for bodily injury insurance for each injured person
  • $60,000 for bodily injury per accident
  • $25,000 for property damage per accident

Most drivers purchase more than the minimum coverage. However, even if they do, they may not have enough to pay for the damages often caused by severe injuries.

What are My Options for Recovering Additional Compensation?

If the at-fault party’s insurance coverage is not enough to cover your damages, you may have some other options to recover the remaining balance.

For example, you may be able to file a claim against the uninsured/underinsured motorist coverage in your own car insurance policy. This coverage is required in Texas and it can be used if you are in an accident with a driver who either lacks insurance coverage or does not have enough to pay for your damages.

 

If you bought collision coverage, this would help pay for damage to your vehicle from the crash. Collision is often required if you finance your vehicle.

It is times like these where having an experienced lawyer on your side can be an asset. The attorneys at Anderson & Cummings have many years of experience pursuing maximum compensation for crash victims.  

Can I Sue the At-Fault Party if They are Underinsured?

Generally, you cannot. Once you file a claim against the other driver’s liability insurance and compensation is paid out, you are prohibited from suing the at-fault party for additional compensation. When you sign a settlement agreement, it generally contains a clause prohibiting you from filing a lawsuit.

However, if there were other parties who were at fault for your accident, you may be able to pursue compensation from them, either through a lawsuit or insurance claim. For example, maybe a defective product contributed to the accident. In that case, you may have grounds for taking legal action against the manufacturer of the product.   

The best way to protect yourself from these types of situations is to purchase the most coverage you can reasonably afford.

Speak with a Licensed Lawyer About Your Claim

When you seek legal assistance, it is important to do your research and speak with a lawyer who has a proven track record of winning cases like yours.

At Anderson & Cummings, our reputable lawyers have over 50 years of combined legal experience and we have won over $100 million in compensation on behalf our clients.

Give us a call today to schedule a no-cost initial consultation. There are no upfront fees for our services.   

Call (877) 920-9009 today. We are here to answer your questions.