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What Happens When a Car Accident Claim Exceeds Insurance Limits

May 9, 2025

D2 Law

Car accidents can be expensive. When injuries are serious and medical bills pile up, insurance coverage might not be enough. If the at-fault driver’s insurance policy doesn’t cover all the damages, you may wonder what to do next. This post breaks down how insurance limits work and what your options are if your claim goes over those limits.

What Are Insurance Policy Limits?

Insurance policy limits are the maximum amount an insurance company will pay for a claim. Every car insurance policy has different limits based on the coverage a driver has.

For example:

  • In Florida, the minimum required coverage is:

    • $10,000 for Personal Injury Protection (PIP)

    • $10,000 for Property Damage Liability (PDL)

  • In Georgia, the minimums are higher:

    • $25,000 per person for bodily injury

    • $50,000 per accident for bodily injury

    • $25,000 for property damage

These numbers may seem like a lot. But in a serious accident with hospital stays, surgery, or long-term care, these limits can run out fast.

What Happens When a Claim Exceeds Policy Limits?

If your medical bills, lost income, and other damages are more than the other driver’s insurance coverage, the insurance company will only pay up to the limit. That means you could be left with a big gap.

You have several options for recovering the rest:

1. Use Your Own Insurance Coverage

If you have Uninsured/Underinsured Motorist (UM/UIM) coverage, you may be able to file a claim with your own insurance company. UM/UIM coverage is designed to help in situations where the at-fault driver doesn’t have enough insurance to cover your damages.

You can also use your Personal Injury Protection (PIP) if you’re in a no-fault state like Florida. PIP helps cover medical bills and some lost wages, no matter who caused the crash.

2. Look for Other Liable Parties

In some crashes, more than one person or company might be responsible. Here are a few examples:

  • The at-fault driver was working at the time. Their employer could be held responsible.

  • A car part failed. The manufacturer might share the blame.

  • Poor road design or maintenance caused the accident. A government agency may be responsible.

A deeper investigation can help uncover other people or businesses who could owe you money.

3. File a Lawsuit Against the At-Fault Driver

Another option is to sue the at-fault driver directly. You can try to collect money from their personal assets. This might include wages, bank accounts, or property.

However, if the person doesn’t have money or assets, it can be hard to recover what you’re owed. That’s why many people look at this as a last resort.

4. Reduce Medical Bills and Liens

If your claim exceeds the insurance limits, you may be able to negotiate with medical providers to lower your bills. Hospitals, doctors, and insurance companies sometimes accept a smaller amount if they know the total won’t be covered.

An experienced attorney can help with this process and make sure you don’t pay more than necessary.

Why State Laws Matter

Your options can change depending on where the crash happened. For instance:

  • Florida is a no-fault state. You must go through your own PIP coverage first. You can only sue the other driver if your injuries meet a “serious injury” threshold. This includes permanent injuries, significant scarring, or death.

  • Georgia follows an at-fault system. You can file a claim directly against the at-fault driver for all damages.

Knowing your state’s laws helps determine what steps you can take.

Why Legal Help Makes a Difference

Going through an insurance claim can be tough—especially when the money runs out and the bills keep coming. A lawyer can:

  • Look at all available insurance policies

  • Investigate if other people or companies may be at fault

  • Talk with medical providers about your bills

  • Help you sue if needed

When claims go beyond policy limits, every dollar matters. Getting legal help early can protect your right to full compensation.

Call D2 Law Today

If your car accident claim is more than the other driver’s insurance covers, don’t wait. You could still be owed money. Let our attorneys help you explore all your options. Call (800) 790-5641 for a free consultation and get answers to your questions.

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