What Happens When a Car Accident Claim Exceeds Insurance Limits?

If you need more compensation because the car accident claim for your recent South Carolina collision exceeds insurance limits, you have three options. You may be able to:

• File a personal injury lawsuit against additional defendants
• Recover costs with an umbrella policy
• Try to personally collect from the at-fault driver

Because the right approach depends on your unique circumstances, our car accident attorney will help you explore your legal options. You can trust our team of lawyers to handle every detail with care. From reviewing your car accident report to compiling your medical records, obtaining proof of damages, and negotiating a fair settlement, there are many ways that an auto collision attorney may be able to help make your recovery easier.

Insurance Limits and Total Damages Often Differ

According to the South Carolina Department of Insurance, the law requires all drivers to carry a minimum of $25,000 in bodily injury coverage per person and $50,000 coverage for everyone injured in a single-car accident. Additionally, you must have an insurance policy that covers up to $25,000 in property damage for one accident. With that said, total damages after a wreck often differ. This remains true despite South Carolina permitting drivers to voluntarily purchase underinsured motorist coverage.

We Can Help You Hold All Liable Parties Accountable

When your car accident claim exceeds insurance limits, one of the first things that we will investigate is who your case involves. If, for example, there were more than two drivers, we might be able to recover damages from another liable party. Mechanical failures and collisions involving company vehicles are additional scenarios when you might be able to sue other liable parties.

Your Insurance Company May Act in Bad Faith

Sometimes, car insurance companies have the opportunity to settle a claim within policy limits but fail to do so. When this happens, you may be able to hold your insurer liable under S.C. Ann. § 38-59-40. Examples of insurer actions that commonly lead to bad-faith lawsuits include:

• Failing to settle claims in a timely manner
• Failing to pay the correct claim amounts
• Knowingly misrepresenting facts or policy coverage details
• Threatening to deny claims
• Discouraging individuals from filing claims

Our Car Accident Attorneys Will Review All Insurance Policies

Another aspect of your case that our lawyer will review is whether there are other existing insurance policies. Even if there is only one defendant, there can be multiple types of coverage to consider. For example, many corporations and businesses also have an “umbrella policy” to cover additional liabilities exceeding their regular car insurance coverage.

You May Have to Collect Directly From the At-Fault Driver

If your case is like many, you may have to try recovering additional damages directly from the defendant in your car accident. As a result, you might need to resort to filing a lawsuit for a judge to order some kind of action.

Sometimes, this can result in wage garnishment or placing a lien on the defendant’s property, but situations vary. Challenges can arise if they lack sufficient assets. Your attorney can determine the best path to take to pursue the compensation you need.

Medical Costs Alone Can Exceed Insurance Limits

There are many reasons your claim may exceed insurance limits, but given the high medical costs in the United States, it is common for individuals’ hospital bills to exceed insurance policy limits. For example, many car crashes lead to traumatic brain injuries. As one of the most expensive auto collision injuries to sustain, TBIs often result in costs reaching hundreds of thousands of dollars.

Other common car crash injuries that can exceed insurance limits include:

• Neck injuries
• Back injuries
• Whiplash
• Internal bleeding
• Broken bones

Keep in mind, when you add up the total costs for surgeries, physical therapy, prescription drugs, adaptive equipment, special food preparation, and any necessary home alterations for handicap accessibility, there are many medical expenses to consider.

Other Car Accident Damages Can Also Exceed Insurance Limits

In addition to high hospital bills, other expenses that auto collision victims often encounter relate to lost wages. If you sustained a personal injury in your car accident that is preventing you from earning a paycheck, then we may be able to help you recover that cost, too. Furthermore, if your pain and suffering or property damages go beyond insurance limits, we are also ready to fight for the compensation that you need.

Contact Us Today to File Your Car Accident Lawsuit On-Time

Because S.C. Ann. § 15-3-530, South Carolina’s statute of limitations, requires all car accident victims to file their lawsuits within three years, it is important to begin working on your case as soon as possible. With that said, rushing to file paperwork and attend appointments can make it difficult to focus on your healing. This is where we can help. Our attorneys will fight for your compensation so you can prioritize your health.

If your car accident claim exceeds insurance limits, it can be a frustrating and isolating experience to handle on your own. The good news is that you don’t have to. With a 13-year successful track record of winning millions of dollars in settlements for clients, our team of lawyers at Hammack Law Firm is ready to take your case. Call us today at (864) 326-3333(864) 326-3333 to discuss your options in a free case evaluation.