Loune-Djenia Askew, Esq
May 2, 2025
Car accidents can result in serious injuries and high medical costs. But what if the damages from your accident are more than what the at-fault driver’s insurance policy will cover?
Car accidents can result in serious injuries and high medical costs. But what if the damages from your accident are more than what the at-fault driver’s insurance policy will cover? In Florida, this situation can get complicated—and knowing your options is key to getting the compensation you deserve.
Understanding Insurance Policy Limits in Florida
Florida drivers are required to carry minimum insurance, including $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL). However, many accidents—especially those involving serious injury—can result in losses far beyond these limits. If the at-fault driver only has the minimum coverage and your damages are greater, their insurance won’t cover everything.
What Happens When Damages Exceed the Limits?
If your total damages (medical bills, lost wages, pain and suffering, etc.) go beyond what the insurance policy will pay, here are a few possible outcomes:
You May Use Your Own Insurance If you carry uninsured/underinsured motorist (UM/UIM) coverage, it may help cover the remaining damages after the other driver’s policy is exhausted. This is optional in Florida but highly recommended for this exact situation.
You Could Sue the At-Fault Driver Personally In some cases, you may be able to file a personal injury lawsuit to recover the excess amount directly from the at-fault driver. However, this is only effective if the driver has sufficient personal assets to collect from.
Other Parties Might Be Liable If other parties contributed to the accident—like a vehicle manufacturer, an employer, or a business—you might be able to pursue additional claims against them.
Settlement Negotiations Sometimes, insurance companies agree to pay more than the policy limits in exchange for avoiding a lawsuit. An experienced personal injury attorney can negotiate on your behalf.
How a Florida Personal Injury Lawyer Can Help
When insurance isn’t enough to cover your losses, a skilled attorney can explore all possible avenues for recovery. They can investigate other liable parties, help you understand your policy coverage, and take legal action if needed. In Florida, where no-fault insurance rules and limited liability can create obstacles, legal guidance can make a big difference.
 If your car accident claim exceeds insurance limits in Florida, don’t panic—but don’t go it alone either. You may still have options to recover the full amount of your damages. Talking to a personal injury lawyer can help you understand what to do next and protect your rights.
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.