In the aftermath of a collision resulting in injuries and property damage, those involved often ask whether their car accident settlement can exceed the at-fault driver’s insurance policy limits. The answer is that it is relatively rare that a car accident settlement is higher than the insurance policy limits. You will likely have to accept whatever coverage the at-fault party has.
Collecting compensation above the limits of the at-fault motorist’s insurance policy is not easy, but it is certainly possible. Car accident victims in Georgia have options when it comes to recovering compensation above the policy limits. The best thing you can do is retain an experienced Georgia car accident attorney. The skilled attorneys at Brauns Law Accident Injury Lawyers, PC can go over all your options and make sure you get the maximum compensation available to you. Call today for a free initial consultation.
Georgia Car Insurance Requirements
Drivers in Georgia are required to have “bodily injury” insurance that protects other motorists on the road. Georgia law states the legal minimum liability policy limit is $25,000 per person and $50,000 per accident. This means an injured motorist can recover up to $25,000 if they are driving alone. And if there are two or more occupants injured, the total amount of compensation provided for all of the occupants is $50,000.
The reality is that you cannot make an insurer pay beyond the limits of its policy. What you can do is file a lawsuit against the at-fault party for more than their policy’s limit. So, if you file a lawsuit seeking more than the insurance policy limit, you will be filing directly against the party who caused the car accident.
Recovering from the personal assets of the person at fault for the car accident can be challenging. If the at-fault driver’s assets are not enough to cover your losses, you won’t be able to collect additional compensation. Unfortunately, many drivers do not have the out-of-pocket funds to cover all of their medical bills, lost wages, and other damages resulting from the car crash. Therefore, even if you win your lawsuit, you may not be able to collect the full reward.
An experienced car accident attorney will seek the maximum recovery they can through aggressive negotiations with the insurance company. While this may still limit you if your losses exceed the at-fault party’s policy limits, it’s usually the best route. If your injury lawyer believes that filing a lawsuit will get you a more favorable outcome, they may recommend going that route.
Ways You Could Recover More Compensation
Below are the situations that could potentially allow you to receive more compensation than the at-fault person’s insurance policy allows:
- Suing more than one defendant – If applicable to your car accident, you may file a lawsuit against multiple liable parties. For example, sometimes, our accident investigation reveals that a third party is partly responsible for the crash. This could be another reckless driver, a manufacturer who produced a defective car part, or a company that was negligent in its road maintenance. These parties could have additional financial resources to pay you. However, each party will typically be limited by their own insurance policy limits. It’s important to note you won’t be able to collect more than the total amount deemed fair, regardless of how many parties are found liable for your losses.
- Direct lawsuits – Filing a lawsuit directly against the at-fault party who caused the accident. This is challenging because most people do not have the funds to pay for your damages out-of-pocket. Thus, winning a judgment will be uncollectible.
- Umbrella policy – This type of policy is essentially extra liability insurance that protects the insured against having to pay out of pocket when the damages exceed the amount covered under a liability policy.
- A court judgment against the at-fault driver – To make the at-fault driver pay your damages out of pocket, you will need a court judgment that orders them to do so. A judgment will state a particular amount that they owe, and this can be enforced in several ways, including placing a lien on their assets. Our attorneys can explain in detail all the options available to you.
- Underinsured motorist coverage – This coverage is designed to pay you if you are in an accident with a driver who did not have sufficient coverage to pay for all your losses. If you have uninsured or underinsured motorist coverage, you can make claim through your own policy to get the compensation that goes beyond the at-fault party’s minimum policy coverage.
What If the Insurance Company Acts In “Bad Faith?”
In Georgia, an injured car accident victim could recover more than the at-fault driver’s insurance policy if the insurance company acts in “bad faith.” Unfortunately, these cases are relatively rare. When you buy car insurance, you are entering into a contract with the insurance company. The insurer has a responsibility to act in good faith and pay benefits to you when it is deemed necessary and covered by the policy. In cases when the insurer fails to pay a claim covered by their policy, they may be required to pay amounts greater than the limits of their policy if they denied the claim in bad faith.
Before you can make a claim of bad faith in Georgia, you must first give the insurance company a chance to pay the limits of their policy. For instance, if you have a claim with their insurance company for the $25,000 liability minimum, you must give the insurer time to review your claim and pay the demanded amount before you try to recover more than $25,000 directly from the company. If bad faith does exist, you might be able to recover an amount that exceeds the insurance policy if a jury at trial awards you that amount.
Contact a Duluth Car Accident Lawyer
The knowledgeable and compassionate Duluth car accident lawyers at Brauns Law Accident Injury Lawyers, PC are ready to fight to get you the compensation you deserve. Whether it be through insurance claims, lawsuits, or other means, we will assist you through every step of the process as we ensure your rights are protected. Car accident victims who do not seek legal representation often end up with much less compensation than they deserve. With our experienced legal team on your side, you can count on us to do everything we can to ensure you recover maximum compensation. Call now for a free and confidential consultation.
