What Should I Do If My Car Accident Exceeds Insurance Policy Limit?

If you are injured in a Utah car accident, you have the right to pursue an insurance claim to help pay for your vehicle repairs, medical bills, and other expenses. However, these claims are subject to policy limits that may fall short of covering the full extent of your damages. When insurance coverage is insufficient, you can pursue alternative routes to secure the compensation necessary for your recovery.

Utah’s Minimum Insurance Requirements

To legally drive a vehicle in Utah, you must carry $3,000 in personal injury protection (PIP) coverage. This insurance pays for your damages after an accident regardless of who was at fault. In addition to PIP coverage, you must also purchase liability coverage in the following minimum amounts:

• $25,000 in liability coverage per person for bodily injury 
• $65,000 total liability coverage per accident
• $15,000 per accident for property damage 

After a car accident, you typically file a claim under your PIP coverage first; if you sustain more extensive damages, you can file a claim against the at-fault driver’s liability insurance if you meet certain requirements. Specifically, you must have incurred at least $3,000 in medical bills or suffered serious injuries such as permanent disability, impairment, disfigurement, or dismemberment.

Your Legal Options Outside of the Insurance System

When you are injured in a car accident, the minimum coverage required by Utah law may only cover a fraction of your damages. Although drivers can purchase higher policy limits, even these increased coverages may prove inadequate. Severe injuries, extensive property damage, and prolonged recovery periods can quickly exhaust even the most robust insurance policies.

You have options to pursue additional compensation when insurance policy limits are exhausted. First, you may file a claim under your own insurance policy if you have underinsured motorist coverage. This can help bridge the gap between the at-fault driver’s policy limit and your total damages.

Another option is to file a personal injury lawsuit against the at-fault driver. This legal action allows you to seek compensation directly from the responsible party; if their insurance coverage is not enough, you could potentially access their personal assets to cover your damages.

How to Prove a Car Accident Lawsuit in Utah

If you choose to pursue a car accident lawsuit, you will need to prove that the at-fault driver is responsible for your accident and the harm that you suffered. To successfully recover compensation in your case, you must establish four key elements:

• Duty of Care: All drivers owe a duty of care to others on the road, which includes following traffic laws and driving responsibly.
• Breach of Duty: The at-fault driver failed to uphold their duty of care through actions such as speeding, distracted driving, or driving under the influence.
• Causation: There is a direct link between the driver’s breach of duty and your injuries, showing that their negligence directly resulted in the accident and your damages.
• Damages: You must provide evidence of the actual harm you’ve suffered, including medical bills, lost wages, property damage, and pain and suffering.

In the event you have been involved in an accident, contact our car accident lawyers in St. George as soon as possible for the compensation you deserve.

Schedule Your Free Consultation with We Win Injury Law Today

If your car accident damages exceed policy limits, you need experienced legal representation to explore all avenues for compensation. At We Win Injury Law, our Utah car accident lawyers will fight to secure the full amount you deserve. Contact us today at (435) 688-9558 to discuss your case and learn how we can help you navigate this challenging situation.