A car accident may have left you bruised and sore—maybe even seriously hurt. Medical bills are arriving daily, and you’re unsure whether your insurance or the other driver’s insurance will cover your expenses.
Amid the pain and financial worries, you receive unsettling news: The costs linked to your accident may go beyond the insurance coverage available.
Why should you talk to a lawyer? The short answer: you deserve thorough representation that protects your well-being. A car accident that goes beyond insurance policy limits is complex, but a legal team focused on personal injury can simplify your path forward.
At Allen & Allen, we stand by you as you face these worries. Our experienced Virginia abogados de lesiones personales focus on car accident claims and can help identify all possible ways to pursue the funds you need.
We are committed to making your fight our fight, ensuring you receive fair treatment from the insurance companies, and pursuing justice on your behalf.
These beliefs are rooted in our legacy. Our values guide our work. For more than 100 years, we have recognized and honored our responsibility to our clients, members of our firm, and our community. Our relationships are built on integrity, respect, compassion, and trust—the same values that have guided us since 1910.
Insurance gap
When a car accident claim exceeds an insurance policy’s limits, it can create a gap between what the insurance company is willing to pay and the actual total of your damages. This often includes medical costs, lost income, car repair or replacement, and other expenses.
A personal injury lawyer who handles car accident claims can help identify all possible ways to pursue the funds you need. The presence of a lawyer also signals to insurance companies that you will take legal action, encouraging a more balanced negotiation process.
Understanding car insurance coverage in Virginia
Each state has unique laws about how drivers should insure themselves. In Virginia, drivers are typically required to meet certain minimum liability coverage amounts.
Policies can vary, but they generally include:
- Bodily injury liability coverage: Covers medical expenses or lost wages for the people you might injure in an accident.
- Property damage liability coverage: Addresses damage to another person’s vehicle or other property.
- Uninsured/underinsured motorist coverage: Steps in if the at-fault driver has little or no insurance.
Some drivers opt for higher coverage limits, while others carry only the minimum. This can leave accident victims with few options if they’re hit by a driver lacking sufficient coverage.
What it means when a claim exceeds insurance limits
An insurance policy limit is the maximum amount that an insurance company agrees to pay for a covered claim. That is the most the insurer will pay for all the people injured in that accident. Even if your medical expenses and other costs are more, the insurer usually won’t pay beyond the policy limit. This scenario can leave you with thousands in unaddressed costs.
Sometimes, your own policy might come into play. If you carry underinsured motorist coverage that’s higher than the at-fault driver’s limits, you can seek additional compensation from your own insurer. Still, there may be a gap if your damages are extensive.
Common damages after a car accident
Car accidents can cause pain, emotional distress, and financial trouble.
When you first set out to file a claim, you’ll want to take stock of the damages you’ve experienced:
- Gastos médicos: These can include ambulance fees, emergency room visits, surgeries, medications, follow-up doctor appointments, physical therapy, and any special medical equipment needed for recovery. Bills can climb quickly, and some injuries require long-term care.
- Salarios perdidos: Recovery may pull you away from your job. You could miss days, weeks, or even months of work, leaving you short on income. If the accident affects your capacity to return to work in the same role or hours, lost wages might extend well into the future.
- Dolor y sufrimiento: Pain and emotional distress are intangible, yet they disrupt daily life. An attorney can help quantify these damages, taking into account your level of anguish, anxiety, stress, or lost enjoyment of hobbies and relationships.
- Daño a la propiedad: If your vehicle was heavily damaged or totaled, you must pay for repair or replacement. Your personal belongings inside the car may also have been damaged.
- Future expenses: In severe cases, rehabilitation, ongoing therapy, and possible home modifications (such as wheelchair ramps) could be needed. These might have a long-term impact on your earning potential, further influencing the total value of your claim.
When adding up these damages, the insurance policy’s coverage might not be enough. If your total exceeds the limit, that shortfall becomes your responsibility—unless you have help exploring other legal options.
Potential steps when costs go beyond insurance coverage
A scenario where your damages outweigh available insurance funds might feel unfair. You did nothing wrong, yet you face mounting bills and stress. This is where a personal injury lawyer can take on the burden of exploring all channels for compensation and forcing the insurance company to look carefully at your claim.
Don’t waste time and energy struggling to interpret an insurance claim. Meet with an attorney who can review your situation, explain your options, and pursue the compensation you deserve. An experienced car accident lawyer can:
Verify the coverage amounts
The first step is establishing what coverage is actually available. Sometimes, an insurance policy may have multiple layers or endorsements that aren’t immediately apparent. A lawyer can review your policies and the at-fault driver’s policies to see if additional coverage exists.
Explore underinsured motorist coverage
Underinsured motorist coverage can be a lifesaver when the other driver’s policy isn’t enough. The details vary, and understanding the fine print can be complicated. An attorney can help determine if and how this aspect of your coverage applies to your case.
Consider other liable parties
Although one driver may carry limited insurance, other parties—such as a commercial employer or a vehicle manufacturer—could share the blame for the accident. Finding other responsible parties can lead to additional financial resources.
If, for instance, the at-fault driver was working at the time of the accident, the employer may have a larger insurance policy that covers employee-related crashes. Similarly, a poorly maintained road could point to a government entity that might be partially liable.
Negotiate for a fair settlement
Insurance companies often aim to pay less when they see no immediate threat of litigation. A lawyer may motivate the insurance adjusters to consider a more balanced settlement.
A skilled negotiator can help the insurance company grasp the extent of your losses and the possibility that the case could go to trial if a fair offer isn’t made.
File a personal injury lawsuit
If all attempts to settle still leave you with unpaid bills, filing a lawsuit can be a method to seek further compensation. Litigation can take time, but it may reach a result that addresses your losses.
Most importantly, once you sue, insurance companies and other parties typically take a car accident claim more seriously, which can drive better settlement offers.
How a lawyer can help with the claims process
A car accident can feel like a whirlpool of paperwork, phone calls, and deadlines—on top of recovering from injuries.
A personal injury lawyer steps in to handle these challenges, preparing a strategy that aims to secure the best possible outcome. Consider the following ways an attorney helps:
Gathering and organizing evidence
Evidence is at the core of any personal injury claim.
This might include:
- Informes policiales
- Photos of vehicle damage
- Witness statements
- Registros médicos
- Expert accident reconstructions
- Documentation of long-term impacts
Estas pieces of evidence serve as the foundation of your claim, illustrating how the accident occurred, who was at fault, and how your life changed afterward. A lawyer can navigate this process, ensuring your evidence is accurate, thorough, and well-presented.
Calculando daños
Determining the value of your claim is more than just adding up medical bills. It also involves considering future medical expenses, reduced earning potential if you can’t perform the same work, and less tangible damages like pain and suffering.
Attorneys knowledgeable in car accident claims can calculate a figure that reflects the total impact on your life.
Handling communications and negotiations
You may receive phone calls from insurance adjusters soon after an accident.
A lawyer fields these calls, organizes your information, and manages all negotiations so that you don’t have to navigate it on your own. This arrangement also keeps you from making statements that insurers may try to use against you.
Going to court
An attorney can take your case to court if the insurer refuses to offer a fair settlement. This step shows the insurer that you won’t accept a payout that doesn’t reflect your real losses. The result can be a more balanced settlement offer or, if necessary, a verdict following a court trial.
Why insurance negotiations are key to a car accident claim
A key benefit of hiring a personal injury lawyer is their experience negotiating with insurers. Insurance companies stay in business by limiting how much they pay in claims. When your bills surpass the at-fault driver’s coverage limit, insurers might try to offer quick and modest settlements or even suggest that your injuries aren’t as severe as you claim.
Negotiations can get complicated:
They may question the necessity of certain medical treatments
Insurance companies sometimes challenge the scope of your treatment, implying you could have recovered with fewer medical visits or a cheaper form of therapy.
They may argue that pre-existing injuries are to blame
If you had back pain before your accident, the insurer might try to pin your new pain on old problems. This approach can be frustrating, especially when your condition clearly worsens after the crash.
They may underplay the effect on your quality of life
Emotional and psychological effects aren’t visible, so insurers may attempt to minimize them, even though anxiety, stress, or depression can be a significant part of your struggle.
When you’re on your own, these tactics can be overwhelming. But when you have legal representation, the dynamic changes. Insurance adjusters understand that a lawyer can Presentar una demanda por lesiones personales if negotiations stall. The possibility of litigation prompts them to re-evaluate their offers.
If you’ve landed on our website because you’re feeling confused and alarmed by growing medical bills or phone calls from an insurer, reaching out to discuss your situation can bring a sense of relief.
Taking the next step: Contact Allen & Allen today
At Allen & Allen, we commit to more than simply providing you with legal representation. We commit to making your fight our fight, ensuring you are treated fairly by the insurance companies, and obtaining justice on your behalf. That’s what we mean when we say, “I am an Allen.”
Contact us today to talk about your car accident claim. We’re here to listen and advocate so that you can focus on what truly matters—your health and recovery. Call Allen & Allen at 866-388-1307 o Contáctenos en línea para su consulta gratuita.
