Vehicle crashes can be expensive to deal with, and drivers often rely on insurance to help cover the high costs. Unfortunately, insurance policies are typically limited, and serious accidents may result in expenses greater than the available coverage. If your accident settlement exceeds the policy limits, a lawyer can help you explore other legal options.
Many people have multiple forms of insurance that can work together to cover them. While auto insurance typically pays first, health insurance policies may pay second and cover costs that exceed auto insurance policy limits. An attorney can help you coordinate your benefits to maximize your coverage. Another option is to file a lawsuit against the other driver if your damages exceed the insurance policy limits. If you win, the terms of a policy do not limit your damages, and you may get everything you need.
Get a free initial case review from our Las Vegas car accident lawyers with Mitchell Rogers Injury Law by calling (702) 702-2622.
What to Do if A Car Accident Settlement is Not Enough
Insurance settlements are a common way for drivers to resolve accident claims. If your damages are more than your insurance policy limits will pay for, an attorney can help you look into other options.
Your first step is to get a lawyer with experience handling car accident claims. While the insurance process is often complicated, experienced attorneys may have a better understanding of the ins and outs of insurance. If there is a way to get more of your damages covered, your lawyer should help you find it.
Our Nevada car accident lawyers will review the insurance policy terms and determine if you have truly exceeded policy limits. It may be possible to negotiate with the insurance company and make a counteroffer for a settlement.
Sometimes, accidents involve uninsured drivers, and filing a third-party clam with their liability insurance is impossible. Alternatively, the other driver might have insufficient insurance that cannot completely cover your claim. In such cases, the victim can file a claim with their own uninsured or underinsured motorist coverage. These are optional policies, but they are heavily encouraged.
How Insurance Policy Limits May Restrict a Car Accident Settlement in Nevada
The defendant’s insurance policy is designed to cover your expenses only under specific conditions. As such, there are usually various terms, conditions, and limitations included in policies that may affect how much compensation you may receive after a car accident.
Most insurance policies limit the amount of compensation a claimant may be awarded. Even if your damages exceed the policy limit, the insurance company is not obligated to pay more than the policy allows unless a court of law says otherwise. Rest assured, if the insurance company does not have to pay more money, it will not.
You might also encounter limitations on the types of damages the policy covers. Damages for medical expenses and vehicle repairs are fairly standard, but many policies do not cover non-economic damages for pain and suffering.
Filing Multiple Insurance Claims for an Auto Accident
Insurance has become such an integral part of our society that many people hold multiple forms of insurance and have numerous policies. After a car accident, you may coordinate multiple insurance policies to get full coverage.
If you receive compensation from the defendant’s insurance after a third-party claim, btu it is not enough, you may file a claim with your underinsured motorist coverage. This policy is designed to fill in the gaps when the other driver’s insurance is too limited.
You might also have other optional insurance coverage, such as MedPay, to help you. MedPay can be used as primary coverage in a car accident to pay for certain medical expenses. Once MedPay is exhausted, your health insurance may cover the rest.
Coordination of benefits is crucial, but it can become very complex when dealing with multiple insurance companies and various forms of coverage. Having an attorney may be necessary to get all your damages covered.
How to File a Lawsuit if an Auto Accident Settlement Exceeds Policy Limits
If an insurance settlement for a car accident is not enough, you may file a lawsuit against the other driver. Insurance policy limits do not restrict lawsuits, and you may claim damages greater than might be available through insurance alone.
When suing the other driver responsible for the accident, we must immediately begin gathering records and evidence to support your claims. This may include medical records, police reports, videos of the accident, and photos of the aftermath.
Your case begins with a formal legal complaint filed with the courts. The complaint must contain lengthy and specific details about you, the defendant, how the accident happened, evidence, and your damages.
While we do not need to have all our evidence ready when we file the complaint, we must have enough to demonstrate to the court that you have a valid cause of action.
We must also make sure there is enough time to file a lawsuit. Personal injury cases for car accidents must be filed within the statute of limitations under N.R.S. § 11.190(4)(e), and plaintiffs typically only have 2 years from the accident to file.
How Do I Talk to Insurance Abut a Car Accident Claim in Nevada?
Insurance claims are notoriously complicated, and it is usually a good idea to have a lawyer help you. You can begin by carefully reviewing the policy terms with your attorney. The terms may explain how your claim may be limited or whether your claim is even covered.
While it might feel like your insurance policy can be used against you, the opposite is also true. If the insurance company denies your claim or reduces your compensation in violation of the policy terms, we can legally enforce the policy and make them pay.
We must come prepared with as much evidence as possible to demonstrate that the policy covers your claims and that all your damages should be compensated.
Call Our Nevada Car Accident Lawyers for Legal Help
Get a free initial case review from our Henderson, NV car accident lawyers with Mitchell Rogers Injury Law by calling (702) 702-2622.