What Happens if the Defendant’s Insurance Policy Doesn’t Cover All of Your Damages?

In the case of an accident, the defendant’s insurance policy needs to cover it. But what if it can’t cover the damages? Nobody enjoys getting into a car accident. Having a Carrollton accident lawyer there can at least make it a little less painful. They’ll deal with the insurance companies on your behalf and try to negotiate payment. If this isn’t possible, they’ll file a lawsuit. In order to do this, you need to call and talk to an experienced Carrollton accident lawyer.

All Auto Insurance Policies Have Limits

When you sign up for auto insurance, you get to choose your policy limits. Some people go with whatever is cheapest. They don’t think they’ll ever get into an accident. They only get an insurance policy because they know they’re legally required to. Other people get the maximum amount of insurance policy coverage possible because they want to protect their private assets. Most people fall somewhere in the middle.

Your Carrollton Accident Lawyer Needs to Prove Damages

It doesn’t matter how much insurance policy coverage the defendant has. If you can’t prove damages, you’re not entitled to any compensation. Even if your Carrollton accident lawyer can prove fault, they may not be able to prove damages. To do this, they’ll need to submit the following types of evidence:

  • Medical records
  • Explanation of benefit forms from your health insurance company
  • Receipts from your auto mechanic
  • Receipts for out-of-pocket medical expenses
  • Copies of your timesheets and payroll records

Once you do this, it’ll be easier to determine how much you’re entitled to.

You’ll Have to Pursue the Other Driver Personally for the Difference

Ideally, the defendant’s insurance policy will cover your damages. If it doesn’t, then you’ll have no choice but to file suit against the other driver. They will be named in your initial lawsuit. However, their insurance company is required to defend them. Once the insurance company pays out their portion of the claim, the defendant is responsible for the rest. Consider a case where the defendant has $500,000 in coverage. You sue and get a judgment for $750,000. Even if the insurance company pays the entire $500,000, the defendant will still owe $250,000. Your Carrollton accident lawyer can pursue the defendant for these monies. But it may not be worth the effort.

The Defendant May Not Have Any Assets – What Happens Then?

There’s nothing more frustrating than hiring a lawyer, filing suit and winning, only to find out the defendant has nothing. Just because you have a judgment against someone doesn’t mean anything. If there’s no way to get them to pay that judgment, then it’s not worth the paper it’s printed on. That’s why your Carrollton accident lawyer is going to push hard to settle your case. They want you to get a guaranteed amount on a lump sum basis. That way, you don’t have to worry about getting the judgment paid over the next year or decade.

If the defendant doesn’t own any property, there isn’t a whole lot you can do. Of course, you can apply to the court to do a wage garnishment or bank levy. But once the element of surprise is gone, the defendant will just start hiding their assets. There are also a lot of exceptions to the various types of judgment collection. Instead of having to deal with this, you can negotiate a fair settlement with the defendant’s insurance company.

Talk to an Experienced Carrollton Accident Lawyer

The reason you hire an experienced Carrollton accident lawyer is to sue the other driver. You want compensation for any injuries you’ve suffered. There’s nothing wrong with admitting that. Yes, you want justice. But at the end of the day, you just want to be made whole. You want your medical bills paid and you want your car fixed. You want to be reimbursed for any financial losses you’ve suffered, such as lost wages. The best way to make that happen is to hire an experienced Carrollton accident lawyer.

What you need to do is call and schedule your free, initial consultation with our office. Once you come in, you can discuss your case and ask any questions you may have. Your attorney will review your case and give you an idea of what your claim is worth. Your Carrollton accident lawyer will also look to see what kind of damages the defendant has. If the case isn’t worth pursuing, they’ll let you know. They’re not going to waste your time or their time.

There’s so much at stake, it’s in your best interest to have someone by your side. Your attorney will handle the legal side of things while you focus on getting better.