People involved in an auto accident often question if their compensation settlement can exceed the insurance policy limits. Personal injury attorneys Virginia say that it’s technically possible for a plaintiff to get a settlement amount in excess to their insurance policy.
Insurance policy limits determine how much compensation an insurance company can payout for accidents and injuries. In some cases, the person involved in a car crash may be entitled to more compensation than what is stated in the insurance policy. Such people find it challenging to acquire the settlement amount that they deserve.
The general rule is that one can’t collect compensation for their damages beyond what is mentioned in their insurance policy. However, every personal injury case is unique and must be treated distinctly.
Thus, it’s always a wise idea to speak to a qualified auto accident lawyer Virginia Beach who has experience in handling such cases. Lawyers are familiar with the complexities of insurance policy and understand how policy limits affect the claim. With a lawyer by your side, you can rest assured your legal rights will be preserved and represented well.
Typically, car insurance policies cover a specific amount of damages and injuries. However, if you are confident that your injuries are far beyond what your policy covers, you should contemplate every course of action available with you.
Here are some legal routes you can take if you are pursuing compensation that exceeds your policy coverage.
- You can take legal actions against the at-fault-driver
If your compensation claim is more than what the at-fault party’s insurance company can pay, you can file a lawsuit against the defendant. You can sue the defendant to get the difference amount. What plaintiff must know that even if they win the lawsuit, the defendant may not be in a position to pay the remaining damages. The defendant may have little or no assets to pay out the damages. In such a scenario, your efforts can go in vain.
- You can sue multiple defendants responsible for your injuries.
In some accident cases like truck collisions, more than one party can be held responsible for the accident. If your case involves multiple insurance companies and parties, you can sue them, respectively. In such cases, the defendants can be held jointly responsible for the injuries and damages. The jury can make the defendants pay the compensation award based on the degree of responsibility shared by them.
- Umbrella Policies
Umbrella policies work as a safety net for plaintiffs who are seeking extra coverage for their damages. Generally, corporations and commercial entities carry umbrella policies. However, some individuals may have umbrella policy coverage.
After an accident or injury, when a person has reached the primary policy limit, they can use the umbrella policy to pay for the additional claim. Since every policy is different and works differently, one must review all the provisions in the policy before buying it.
- Insurance Bad-Faith
Insurance companies are notorious for their profit-making mindsets. They are more focused on making a profit rather than helping people in need. Insurance adjusters often engage in bad faith practices to ensure they pay less settlement than what the plaintiff is asking for. If the insurance carrier can reasonably settle the claim but is not doing so, you can sue them for acting in bad faith.