How Policy Limits Affect Your Car Accident Injury Case

In the event of a car accident, the only thing you’ll probably want to focus on is your recovery. Still, that comes with many accompanying costs, so pursuing compensation for damages suffered is essentially unavoidable. Insurance companies also tend to make this challenging, as their profit model depends on them denying you as much compensation as they feel they can get away with.

Even if an insurance provider offers you all the compensation you’re entitled to under your policy, the policy limits may prevent you from covering all your damages. When that happens, you need to pursue other avenues for compensation. Look at how policy limits can affect your car accident injury case in Florida and discover how Tom Ueberschaer’s expertise as a personal injury lawyer can help navigate complicated cases.

The Basics of Policy Limits in Florida

Most insurance policies have specific limits on how much money they will pay out when you suffer damages. Florida law specifically requires drivers to have insurance, but the minimum limits are just $10,000 in personal injury protection and $10,000 in property damage liability. If you suffer more than $10,000 in injuries, the minimum PIP insurance won’t be enough to cover medical expenses. Keep in mind that personal injury protection does not compensate for non-economic damages like pain and suffering.

How Policy Limits Can Impact Your Claim

Policy limits can impact the compensation you can recover in a car accident claim. Florida utilizes a no-fault insurance system, which means that your own insurance coverage will be used to cover your damages regardless of who is at fault for the accident. If your injuries cost more to treat than your personal injury protection insurance limit, you will have to pay for the rest another way. The most common is filing a claim against the at-fault driver in an accident.

Filing a Claim Against the At-Fault Driver

Filing a claim against the at-fault driver in an accident can help you recover additional compensation. To pursue compensation for non-economic damages from the at-fault driver, however, your injuries must meet the state’s definition of a serious injury. This includes the following:

  • Significant loss of an important bodily function
  • Permanent injuries
  • Permanent scarring or disfigurement
  • Death

Finding Their Policy Limits

Pursuing the at-fault driver for compensation may only be worthwhile if you know that their insurance policy can cover the damages. Unfortunately, their policy limits may not be that easy to determine. Here are a few tips for finding their policy limits.

  • Look for it on their proof-of-insurance card.
  • Have your lawyer call the at-fault driver’s insurance company after the accident and ask.
  • Ask your own insurance carrier if you have an open claim and see if your case manager can find the other driver’s limit. 
  • Ask your lawyer to send a demand letter to the at-fault driver’s insurance company.
  • File a lawsuit.

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The Necessity of Adequate Coverage

The safest course of action to take is to get enough insurance to cover the damages in the first place. This is obviously not something that can be done after an accident, but it is a great way to prepare for future accidents. 

Underinsured/Uninsured Motorist Coverage

According to the Insurance Research Council, approximately 20% of drivers in Florida are uninsured. That means that statistically, in many cases, one in five drivers on the road does not have the necessary insurance to cover their damages. Fortunately, underinsured/uninsured motorist coverage can help keep you protected. This insurance specifically applies to scenarios where your PIP insurance reaches its limit, and the at-fault driver’s insurance isn’t enough for you.

How Tom Ueberschaer Can Help

When you are involved in a car accident, you will want a car accident lawyer on your side as soon as possible. With Tom Ueberschaer’s experience working on car accident cases, you can confidently approach your claim. He will offer custom legal advice based on the unique details of your case and help you find a path to fair compensation. Contact Tom today for a free consultation.