Exceeding Policy Limits on Auto Accident Claims

Published by

Samer Habbas, Esq

A common question most accident victims ask is, “is it possible to settle my case for more than the at-fault’s insurance policy limits?” Generally, the answer is no. However, in some cases, depending on the specific facts surrounding the case, it is possible to get an insurance company to pay more than their policy limits.

Understanding Insurance Policy Limits

When you buy liability insurance, there is essentially always a policy limit in place. This limit refers to the maximum amount of monetary compensation your insurance company will pay out on a claim. For instance, if you buy a car insurance policy that has a $15,000 limit, your carrier is going to pay out only $15,000 – even if there are $50,000 in damages. The excess $35,000 will have to come from somewhere else.

Is It Possible to Collect Excess Damages?

In some cases, it may be possible to collect damages in excess of insurance policy limits. These common methods include:

Filing a lawsuit against additional defendants – sometimes, more than one party can be held legally and financially responsible for the accident.
Recovering under an umbrella insurance policy – in some cases, the liable party may have multiple insurance policies.
Trying to collect from the defendant personally – if there is no other party or insurance policy to go after, your only option may be to collect directly from the party who caused the accident.

Whichever method that works in your case, will depend on the specific facts of your case.

Bad Faith of the Insurer

If you have damages in excess of the at-fault’s insurance policy, that party may have some protection against personal liability. If the liable party’s insurance carrier had the opportunity to settle the claim for an amount within the policy limits and they fail to do so, then the carrier may be held liable for the full amount of damages that result from a jury verdict. Often, bad faith on the part of the insurance company is required for this rule to kick in.

Contact us!

You may be entitled to compensation for your accident. If you or a loved has been injured in an accident, you should discuss your legal options with an experienced accident attorney. The attorneys at the Law Offices of Samer Habbas & Associates have achieved over $135 million for their clients so far. For more information or to schedule a FREE consultation with one of the attorneys, call 888-848-5084.

Samer Habbas, Esq

Samer Habbas is a California attorney with over 18 years of experience in personal injury law. Throughout his career, he has successfully recovered over $300 million for his clients, solidifying his reputation as a leading advocate in the field. Samer swiftly gained recognition for his adept negotiation skills and unwavering dedication to his clients. His practice spans a wide range of personal injury cases, including car accidents, dog bites, funeral home abuse, premises liability, and wrongful death. Samer is known for his compassionate approach and commitment to securing favorable outcomes for his clients. His expertise has earned him the trust and respect of both his clients and his peers within the legal community. He is also deeply invested in giving back to his community. He actively participates in pro bono work and volunteers his time to various charitable organizations. Samer is a champion for those who have been wronged, leveraging his extensive experience and expertise to make a meaningful difference in the lives of his clients and his community.