Most of us like to think that if we were in a car accident, our insurance or the other driver’s policy would take care of our bills. That’s what insurance is for, right? But unfortunately, this isn’t always the case for various reasons. Sometimes accident victims have to fight to get the insurance company to pay their claim, but in other cases, their expenses may exceed the policy limits. However, depending on the circumstances, there may be several other options for pursuing compensation, which we’ll talk about in this article. The best way to find alternatives for your situation is to contact a car accident lawyer for a free consultation.
Attorney Ali Awad, the “CEO Lawyer,” has helped so many clients secure compensation for their injuries that his law firm, the CEO Lawyer Personal Injury Law Firm, was voted the fastest-growing firm in the country, beating 499 others. Experienced in handling claim denials and other insurance issues after an accident, Mr. Awad is dedicated to protecting his clients’ legal rights. When he’s not fighting for his clients, he delivers timely and engaging legal info to more than a million followers on social media. Please contact the CEO Lawyer Personal Injury Law Firm for a free, no-obligation consultation if you’re wondering what to do about your car accident bills.
How Often Do Auto Accidents Exceed Insurance Limits?
First, it’s helpful to understand that there may be more than one relevant insurance policy, and in some cases, we may seek compensation from more than one policy. Georgia law requires drivers to carry a minimum of $25,000 each in bodily injury and property damage liability, with $50,000 for all injuries/deaths of more than one person in a single accident. Because multiple policies may be involved and statistics on insurance company payouts don’t usually include whether or not the policy limit was exceeded, it’s difficult to find specific data on the number of claims that surpass insurance limits. However, most accident claims can be resolved within the limits of the available policy or policies.
But there are some circumstances where this is not the case, especially when a person has died or suffered severe or catastrophic injuries in an accident. When this occurs, the medical bills, lost income, and other damages may be six or seven figures, far more than the typical liability policy covers. If you’re dealing with overwhelming medical bills, lost wages, and other costs of a serious injury, the best thing you can do is contact a Georgia car accident lawyer as soon as possible. They can help you determine what coverage is available and other avenues for seeking compensation if it’s not enough.
What if the At-Fault Driver Does Not Have Enough Coverage?
A car insurance claim usually begins with the at-fault driver’s insurance policy. Unfortunately, this isn’t always as simple as it sounds. Sometimes the fault is disputed. You may think the other driver is at fault while they say you’re to blame. The responding officer may not see any evidence either way and may not issue anyone a citation. The police may not have the time or resources to investigate any further, and you and the other driver could end up making a claim on the other’s insurance policy. Insurance companies always seek an excuse not to pay claims, often resulting in both insurers refusing responsibility.
Additionally, Georgia uses a modified comparative negligence system for determining fault in car accident claims that go to court. What this means is that each driver is assigned a percentage of fault in the accident, from 0 to 100. Acknowledging that both drivers may have contributed to the accident allows a person to collect damages even if they were partly responsible. However, you can only collect damages if you were less than 50 percent at fault in the crash, and your final award will be diminished by the percentage of fault you had. So if you were 10 percent responsible, your damages will be lowered by 10 percent.
Most car accident claims are resolved out of court, even if fault is disputed. Your car accident claim lawyer will work to compile evidence of the other driver’s fault, such as traffic or doorbell camera footage, eyewitness accounts, electronic data from your or the other driver’s vehicle, etc. In many cases, we can convince the insurance company that they are unlikely to win in a court case, and negotiating a settlement is in their best interest. But even in this scenario, you may still run into a policy limit problem if your damages are extensive.
Let’s say that you have $100,000 in medical bills, lost income from missing work for three months after the accident, and another $12,000 damage to your car. If the other driver has the minimum in liability insurance, you will probably be able to get your car repairs covered and another $25,000 for your medical bills and other damages. But that barely makes a dent in all the bills you’ve got piling up.
There are several options we will consider in these types of cases:
- Other insurance coverage. Occasionally the other driver is covered by more than one policy, also known as umbrella policies – this is most likely if they were driving for their job at the time of their accident. For example, truck drivers often have high-limit liability coverage through the trucking company. Rideshare drivers may or may not have additional coverage provided by the company they drive for, depending on whether or not they were actively transporting a passenger when the accident occurred. If there is additional coverage for the at-fault driver, we will find it and make a claim.
- In some situations, you may be eligible to make a claim on your own car insurance policy, depending on the type of coverage you have. Certain “stacking” policies for uninsured/underinsured motorist coverage (UI/UM) will offer extra coverage when the other driver’s policy is insufficient. However, not all UI/UM policies are stacking, so this isn’t always possible. In other situations, Collision or MedPay policies may also provide some compensation.
- Are there liable parties besides the other driver? In less common situations, there may be multiple cars/drivers involved in a wreck, such as multi-car pileups on the interstate. Aside from other drivers, other liable parties could include the manufacturer of a car part that may have made the accident or your injuries worse. For example, if your seat belt or airbag malfunctioned, you might have suffered more severe injuries than you would have otherwise. In this case, we might also file a claim against the manufacturer or insurance company.
- Directly suing the other driver. This may or may not be feasible depending on their financial situation. If they have no significant assets and are likely to remain this way for a long time, a lawsuit and judgment in your favor may be fruitless.
Call the CEO Lawyer Personal Injury Law Firm After Your Auto Accident
If you or a loved one have been hurt in a car accident, it’s in your best interest to speak with an experienced car accident lawyer right away. Please contact the CEO Lawyer Personal Injury Law Firm for a free review of your case. There is no obligation, and if we do take your case, there are no fees until we win. Call us today at (470) 323-8779 or visit us online to see how much your car accident is worth.
