Imagine this: You’re driving home in Tampa, maybe singing along to your favorite song, when suddenly—BAM! A car slams into yours. Your car is wrecked, you’re hurt, and the bills start piling up. Here’s the kicker: the other driver’s insurance doesn’t even cover all your damages. So, what happens next?
This kind of situation is more common than you’d think. Sometimes, a car accident exceeds policy limits, where things get tricky. But don’t worry—we’ve got some good news, you’ve got options.
Your trusted Tampa car accident lawyer at The Reyes Firm is here to help you understand them.
Quick Answer: What Happens When a Car Accident Claim Exceeds Insurance Limits?
When a car accident claim exceeds the insurance limits in Florida, the insurer usually pays only up to the available policy limit. The unpaid balance may be pursued through your own UM/UIM coverage, a claim against another responsible party, or, in some cases, a lawsuit against the at-fault driver personally.
Here’s What to Do If the Car Accident Costs More Than Insurance Covers:
- Check your insurance for underinsured motorist (UM/UIM) coverage
- Talk to a car accident lawyer to see if you can sue the at-fault driver.
- Look for other people or companies who might also be responsible (like an employer or car maker)
- Keep records of all your bills, injuries, and lost work.
- Contact The Reyes Firm for a free case review and help understanding your options.
What Are Florida Car Accident Insurance Policy Limits?
Florida’s minimum insurance policy limits are $10,000 for property damage and $10,000 for Personal Injury Protection (PIP). Drivers are not required to carry Bodily Injury Liability insurance, but many do.
Let’s break that down in simple terms:
When someone has car insurance in Florida, it usually includes:
- Property Damage Liability: Pays up to $10,000 for damage to the other person’s car or property.
- PIP (Personal Injury Protection): Pays up to $10,000 for your injuries—no matter who caused the crash.
- Bodily Injury Liability: Not required by law, but if included, it covers the other person’s medical bills if you’re at fault.
Florida insurance policy limit laws are low. And serious car accidents can cost way more than these minimums cover. Thus, many victims are stuck with bills, even after insurance pays out.
If your car accident lawyer tells you the other driver’s coverage won’t be enough, don’t panic. You’ve still got options to recover the rest.
What If the Damage From a Car Accident Costs More Than Your Insurance Covers?
If accident damage exceeds available car insurance limits, the insurance company usually pays only up to the policy limit. The remaining losses may need to be handled through UM/UIM coverage, another liable party, or a lawsuit, depending on the facts
For example, if the at-fault driver has a $50,000 bodily injury policy limit and your injuries are valued at $80,000, the insurer generally pays no more than $50,000. The remaining $30,000 may need to be pursued through UM/UIM coverage, another responsible party, or a claim against the at-fault driver.
This is what it means when a claim exceeds car insurance limits. The uncovered expenses might include:
- Extra medical bills
- Lost wages from missing work
- Ongoing rehab or therapy
- Pain and suffering
Fortunately, you still have options. You can file a car accident lawsuit, use your underinsured motorist coverage, or find other responsible parties to help cover the costs.
Can You Sue the At-Fault Driver for Uncovered Damages?
Yes, you can. If the insurance doesn’t cover everything, you might be able to sue the at-fault driver for uncovered damages.
This is known as a personal injury claim beyond the insurance policy. A skilled Tampa accident attorney can help determine if it’s worth pursuing.
Why does that matter? Because even if you win, the at-fault driver might not have enough money or assets to pay you. In some cases, they could even file for bankruptcy, making collecting even harder.
That’s why speaking with a car accident attorney who can explain your options and help you make the most intelligent decision is essential.
Using Underinsured Motorist Coverage (UM/UIM) to Fill the Gap
This is where underinsured motorist coverage comes in, also known as UM or UIM. If you have this on your policy, you can use it when the other driver’s insurance doesn’t cut it.
Here’s how underinsured motorist coverage in Florida works:
- It kicks in when the at-fault driver’s insurance limit is too low.
- It helps pay for your injuries, lost income, and more.
- It’s optional—but highly recommended.
A legal expert can help when insurance isn’t enough to cover accident costs.
Additional Compensation Options Beyond the Driver’s Insurance
Still coming up short? You might be able to go after additional compensation after the insurance payout.
Here’s how:
- If the driver was working at the time, their employer might be responsible.
- If a vehicle part failed, the car manufacturer could be to blame.
- A government agency could be held accountable if bad roads or missing signs caused the crash.
Each situation has different rules, but with the right personal injury lawyer, you can explore every possible path to getting the money you need.
If your car accident damages exceed the other driver’s insurance coverage, you don’t have to handle it alone. Call The Reyes Firm today for a free consultation and get the help you deserve.
Why You Should Call a Florida Personal Injury Lawyer Right Away
When a car accident exceeds policy limits, every second counts. Talking to a Tampa personal injury lawyer quickly can make all the difference.
At The Reyes Firm, we’ve helped many people like you—those who were overwhelmed, unsure, and stuck with bills they couldn’t afford. We know how to build a case, negotiate with insurance companies, and take things to court if needed.
Looking for a personal injury lawyer in Tampa? We’re here for you.
Frequently Asked Questions (FAQ)
Q1: Can you sue for more than policy limits in Florida?
Yes. In Florida, you may be able to sue for damages that exceed the at-fault driver’s insurance limits. However, collecting more than the policy limit depends on available assets, UM/UIM coverage, other insurance, and whether another party may also be responsible.
Q2: What is the maximum car insurance claim amount that can be received?
It depends on the driver’s policy. Some cover only $10,000, others more. The limit is listed in their insurance.
Q3: Who pays the damages that exceed the policy limits?
You might recover from the at-fault driver, your insurance (if you have UIM), or possibly another party, like their employer.
Q4: Will insurance pay more than policy limits?
Usually, no. Insurance normally pays only up to the available policy limits. If your losses are higher, a lawyer may review UM/UIM coverage, other insurance policies, other responsible parties, or the feasibility of a lawsuit.
Q5: What happens if my medical bills exceed policy limits?
If your medical bills exceed your policy limits, the unpaid amount may be included in your injury claim. Depending on the facts, payment may come from PIP, health insurance, UM/UIM coverage, another liable party, or a settlement/lawsuit.
Q6: If bodily injury coverage is $50,000 and injuries cost $80,000, who pays the extra $30,000?
The insurer generally pays up to the $50,000 limit. The remaining $30,000 may be pursued through UM/UIM coverage, another liable party, or a claim against the at-fault driver, depending on the facts and collectability.
Contact a Tampa Car Accident Lawyer at The Reyes Firm
If you’re in a crash and the other driver’s insurance doesn’t cover everything, you shouldn’t face it alone. Get help from trusted car accident lawyers in Florida at The Reyes Firm, who know the system and will fight for you.
Contact our Tampa car accident lawyers today for a free consultation. We’ll listen to your story, explain your options, and help you move forward.
