Loune-Djenia Askew, Esq
May 30, 2025
Here’s what you need to know if your damages go beyond policy limits and what legal options may be available to you.
Car accidents can leave victims facing serious injuries, mounting medical bills, and financial stress. While car insurance is designed to help cover these losses, it doesn’t always provide enough. In many cases, the total cost of a crash — including medical treatment, lost wages, and vehicle damage — can exceed what the at-fault driver’s insurance will pay. So what happens next?
Here’s what you need to know if your damages go beyond policy limits and what legal options may be available to you.
Understanding Insurance Policy Limits
Auto insurance policies come with set limits, which is the maximum amount the insurance company will pay after an accident. For example:
Florida (a no-fault state) requires:
$10,000 in Personal Injury Protection (PIP)
$10,000 in Property Damage Liability (PDL)
These numbers might sound like a lot, but in a serious accident, they often fall short. A single hospital visit can cost thousands of dollars, and if you miss work, the financial impact only grows.
What If the Damages Are More Than the Policy Covers?
If the at-fault driver’s insurance isn’t enough, you may still have options:
1. File a Claim With Your Own Insurance
Depending on the type of coverage you carry, your own policy may help cover the gap:
Uninsured/Underinsured Motorist Coverage (UM/UIM): This optional coverage can kick in when the other driver’s policy isn’t enough.
Personal Injury Protection (PIP): In Florida, PIP covers 80% of medical bills and 60% of lost wages, regardless of fault — up to the $10,000 limit.
Keep in mind that using your own coverage could potentially affect your premiums.
2. Identify Other Liable Parties
Sometimes, someone other than the driver may also be legally responsible:
If the driver was working at the time, their employer could be liable.
If the crash was caused by a defective car part, the manufacturer may be at fault.
If unsafe road conditions played a role, a government agency might be responsible.
Your attorney can investigate the accident thoroughly to find every possible source of compensation.
3. Sue the At-Fault Driver Personally
You may have the option to take legal action against the driver directly. If a court awards you damages, you can attempt to collect from the driver’s personal assets. However, not all drivers have enough assets to make this a worthwhile option, so it’s something to carefully evaluate with your attorney.
4. Negotiate Medical Bills and Liens
In many cases, your lawyer may be able to work with your medical providers to reduce the amount you owe. They may also be able to negotiate any medical liens (like those placed by your health insurer) to help ease your financial burden.
Why Legal Help Matters
Dealing with insurance companies and multiple parties after a serious car accident can quickly become overwhelming. An experienced personal injury attorney can:
Explore all possible sources of compensation
Negotiate with insurers to fight for a fair settlement
File a lawsuit if necessary to seek additional compensationHelp you understand your rights every step of the way
Protect Yourself Before an Accident Happens
While you can’t control when or if a crash will happen, you can take steps to protect yourself ahead of time:
Review your auto insurance policy and consider adding UM/UIM coverage.
Keep detailed records after an accident — photos, bills, and witness information.
Avoid posting about the accident on social media, as it could be used against you later.
If you’re facing damages that go beyond the at-fault driver’s insurance limits, don’t panic — you still have options. A knowledgeable personal injury lawyer can help you figure out the best path forward, whether that’s filing under your own policy, identifying other liable parties, or pursuing compensation in court.
At Askew & Associates, P.A., we’re here to guide you through every step of the recovery process and fight for the compensation you deserve.
For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.
Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.