Can The Insurance Company Limit What You Can Recover For An Auto Accident?


If you've been injured in an auto accident, you may be worried that it will cost you more than what the other driver can compensate you through their insurance. This might make things harder, but it doesn't limit your right to recover. Here's why.

What Can You Get Paid for An Auto Accident?

After an auto accident, you are entitled to get paid for everything it cost you. That includes medical bills, car repair bills, lost wages, and any other related expenses. If the other driver was responsible, they are responsible for paying you.

Insurance can help them pay you, but insurance doesn't decide how much you get paid. You don't get more than your damages if their insurance limits were higher, and you're still entitled to ask for more than their insurance limits if your damages were higher.

What Can You Do if the Other Driver Doesn't Have Enough Insurance?

If the other driver doesn't have enough insurance to pay their claim, you'd first look to any uninsured or underinsured motorist coverage that you have. This is coverage that you buy to cover claims when the other driver doesn't have enough insurance. If you don't have this coverage or it still isn't enough, you can sue the other driver. If you win, their insurance company pays up to the limits, and the other driver pays the rest out of their own pocket.

What if the Other Driver Can't Pay You?

This is something you need to consider carefully before filing a lawsuit. You need to both win and collect what you're owed. If the other driver can't pay you, winning doesn't do you much other than cost you time and money.

However, it is rare that there is no way at all for the other driver to ever pay you. You may be able to get a judgment or have their wages garnished for when they receive money in the future. Your attorney can help you do this.

What if the Insurance Company Won't Pay You?

This is why it's important to work with a personal injury lawyer. The insurance company has the right to dispute your claim or attempt to negotiate, but you have the right to recover your full damages. If they aren't willing to work with you, you have the right to take them to court to get what you owe.

To learn more about how much you can recover for an auto accident, contact a local personal injury lawyer today.

About Me

Your Injuries, Your Rights

Medical bills can pile up quickly after an accident or injury. Then, you miss work and lose wages, leaving you in a tough spot financially. It can feel like there is no way out, but hiring a personal injury attorney can be a smart first step towards getting the compensation you deserve. This website is chock-full of articles on personal injury law. We hope to help you feel more confident as you find an attorney and start building your case. Learn about options like settling out of court, and also how the amount of compensation is determined. You have rights, and an attorney will help you defend them.

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