When you are in a car accident due to the negligence of another party, you typically are entitled to damages for your injuries and expenses. However, it is important to fully understand the difference between being entitled to damages and getting an actual reward. Generally, the other driver's insurance provider pays for your damages but only up to the limits of their policy. Many times, the victim of car accidents have damages that are much higher than what an insurance carrier will pay. In this situation, you may wonder how or if you can recover any further damages outside of the reward from the insurance carrier. The following are some tactics you may be able to try:
File a Direct Lawsuit Against the Negligent Party
One thing you can do to recover the remainder of your damages is to sue the negligent party directly. You can only sue for the difference between the amount of your damages and the reward you received from the insurance company. Keep in mind, however, that you may not receive the full amount even if you win. This will depend on the assets of the negligent party. They may not have the means to pay you. You will have to discuss this option with your attorney to determine if a lawsuit will benefit you.
Check for Umbrella Policies
The negligent party may have some umbrella policies within their insurance policy you can tap into to recover the remainder of your damages. If the party's liability insurance does not cover the damages to a victim, the umbrella coverage may cover the remainder of your damages. This is most useful when the negligent party is a commercial or corporate entity. For example, if your car was involved in an accident with a company vehicle, that company may have different policies within its primary policy that will cover your damages. Though not common, some individuals may also have umbrella policies also.
Sue All Defendants
You can also choose to hold all negligent parties liable for your accident and subsequent damages. If your car accident involved multiple negligent parties, you can opt to sue each party's insurance providers individually. This gives you access to more than one liability insurance policy to access for your damages. Multiple filings can ultimately cover the entirety of your damages depending on each party's liability insurance coverage. Your final damages are pulled from each party based on individual liability for the accident.
No matter what, be sure to involve your attorney in any option you want to pursue to get a full reward for your damages. Reach out to a personal injury attorney to learn more.Share