What are Your Options if Damages After a Car Accident Exceed the Insurance Policy Limits?

No-fault law in Florida governs most car accident cases. Under these laws, you must first turn to your own insurance company after a crash to recover your medical expenses and a portion of your lost income. However, if you have suffered a serious, permanent injury, the damages you incurred during the crash are likely more than what your own personal injury protection (PIP) benefits will provide. Our Tampa car accident attorney outlines what to do in these situations below.

Are Drivers Required to Carry Bodily Injury Liability Insurance in Florida

In many other states, all drivers are required to carry bodily injury liability insurance. The coverage provided by this insurance is obtained from the at-fault driver’s insurance policy. In Florida, drivers are not required to carry bodily injury liability insurance because they are required to purchase a minimum of PIP benefits. Only before exhausting their own benefits can drivers in Tampa typically take further legal action.

While bodily injury liability insurance is not required under Florida law, many drivers still carry it so they are not personally liable for paying damages for injuries caused by their negligence. If you have suffered a permanent and serious injury, even the limits of a bodily injury liability insurance policy may not be enough to fully cover the cost of your injuries. Fortunately in these instances, you may still have legal options.

Your Legal Options When Coverage Is Not Sufficient 

You may be able to file a claim for compensation directly against a negligent driver if you have suffered a serious and permanent injury. However, you may not be able to sue above any insurance policy limit they carry, and most people do not have the personal resources to cover a severe life-changing injury. You may still have options, though, including:

• Umbrella policies: An umbrella insurance policy is additional liability coverage that covers a home, auto, or boat in Florida. You may be able to file claims against other policies if one is exhausted, allowing you to possibly pursue full damages. Although individuals do not typically carry umbrella policies, corporate defendants typically carry them.
• Multiple defendants: If more than one party is liable for the accident, you can file a claim against each of their insurance policies. For example, if you are hurt by a delivery truck driver, you may be able to file a claim against the driver’s own insurance policy and the insurance policy of the trucking company they work for.
• Bad faith: If any insurance company refuses to act in good faith and negotiate a fair settlement offer, you may be able to file a lawsuit against them and obtain greater damages.

Our Car Accident Attorney in Tampa Can Advise You of Your Legal Options

Learning that the value of your injuries exceeds the limits of an insurance policy feels very unfair, but you may still have legal options. At Moore Law, our Tampa car accident attorney can advise you of what those are and help you through the appropriate process to pursue the full damages you are entitled to. Call us today at 813-510-5400 or contact us online to schedule a consultation and to learn more about how we can help.

Source:

flhsmv.gov/insurance/