What Happens When a Car Accident Claim Exceeds Insurance Limits?

Car accidents are stressful, almost no matter how you look at them. Typically, even for minor damages, you can exchange insurance information with the responsible driver. Sometimes, uninsured motorists will offer to pay for costs out of pocket when they don’t have insurance coverage to assist with the damages. However, this process can be far more challenging to move through when there are severe injuries and medical bills due to the incident. What happens when there isn’t sufficient coverage for your losses and suffering?

It may be possible to receive compensation equal to your losses if the other driver doesn’t have enough coverage, though navigating it may be challenging. We recommend you work with a car accident lawyer, like one from Hollis Law Firm. An attorney has extensive experience managing claims around severe bodily harm, and we can help you move in the right direction. Our clients historically win significant and fair compensation with our support, and we can do the same for you during this difficult time.

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Home » Blog » What Happens When a Car Accident Claim Exceeds Insurance Limits?
Hollis Law Firm
LEGALLY REVIEWED BY:
Managing Attorney
Last updated on August 15, 2025
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Car accidents are stressful, almost no matter how you look at them. Typically, even for minor damages, you can exchange insurance information with the responsible driver. Sometimes, uninsured motorists will offer to pay for costs out of pocket when they don’t have insurance coverage to assist with the damages. However, this process can be far more challenging to move through when there are severe injuries and medical bills due to the incident. What happens when there isn’t sufficient coverage for your losses and suffering?

It may be possible to receive compensation equal to your losses if the other driver doesn’t have enough coverage, though navigating it may be challenging. We recommend you work with a car accident lawyer, like one from Hollis Law Firm. An attorney has extensive experience managing claims around severe bodily harm, and we can help you move in the right direction. Our clients historically win significant and fair compensation with our support, and we can do the same for you during this difficult time. We have a proven track record of helping clients secure compensation in car accident cases.

Introduction to Accident Claims

When a car accident occurs, the aftermath can be overwhelming, especially when it comes to handling the financial impact. A car accident claim is the formal process of requesting payment for damages or losses resulting from a car accident. Typically, this claim is filed with the at-fault driver’s insurance company, which then reviews the details and determines how much compensation will be paid for medical bills, car repairs, and other related expenses. However, if the accident claim exceeds the insurance limits of the at-fault driver’s policy, the situation becomes more complicated. In these cases, having additional protection—such as underinsured motorist coverage—can be crucial. This type of coverage helps pay for medical bills and other costs when the other driver’s insurance is not enough to fully cover your losses. Understanding how car accident claims work and the role of insurance limits is essential for ensuring you receive the compensation you deserve after an accident.

Understanding Insurance Limits

Understanding your insurance limits can make a difference in what steps you decide to take next. A car insurance policy outlines the insurance limit, which is the maximum amount the insurer will pay for a claim. The insurance policy limit is the maximum payout defined in the car insurance policy, and it determines how much financial protection you have in the event of an accident. Each state sets a minimum amount of coverage that must be included in every car insurance policy. However, minimum coverage and minimum limits are often not enough to cover all damages in a severe accident, so drivers should consider purchasing more coverage for better financial protection.

Definition of Insurance Limits and Their Importance

Insurance limits refer to the maximum amount a car insurance company will pay for damages or losses resulting from a car accident or another type of personal injury claim involving motor vehicles. These limits are crucial in determining the extent of financial protection provided by an insurance policy. Understanding insurance limits is essential for drivers to make informed decisions about their coverage and to avoid unexpected financial burdens in the event of an accident. Knowing your insurance limits helps you gauge the level of risk you are exposed to and ensures you have adequate protection in place.

Types of Insurance Coverage: Liability, Collision, Comprehensive, and Personal Injury Protection

There are several types of insurance coverage that drivers can purchase to protect themselves and others in the event of a car accident. These include:

  • Liability Coverage: This type of coverage pays for damages or losses caused to others in an accident, including medical expenses, property damage, and lost wages. Liability coverage includes bodily injury coverage, which pays for medical expenses for injured parties if you are at fault. It is often required by law and is crucial for protecting yourself from financial liability if you are at fault.
  • Collision Coverage: This type of coverage pays for damages to your vehicle, regardless of who is at fault in an accident. It ensures that you can repair or replace your car without bearing the full financial burden.
  • Comprehensive Coverage: This type of coverage pays for damages to your vehicle that are not related to a collision, such as theft, vandalism, or natural disasters. It provides broader protection for various unforeseen events.
  • Personal Injury Protection (PIP) Coverage: This type of coverage pays for medical expenses and lost wages for you and your passengers, regardless of who is at fault in an accident. PIP is particularly valuable in states with no-fault insurance laws, ensuring that you receive prompt medical care and financial support.

Drivers can also purchase additional coverage, such as higher policy limits or umbrella policies, to protect themselves beyond the minimum required by law. Having more coverage can provide greater financial security in the event of a serious accident.

If you need assistance determining what kinds of insurance coverage will apply to your claim, including what limits may affect your case, we encourage you to reach out to us at Hollis Law Firm. We can help guide you in the right direction and maximize your compensation by using our thorough knowledge and in-depth understanding of legal matters.

How Insurance Limits Can Impact a Car Accident Claim

Insurance limits can significantly impact a car accident claim. If the damages or losses resulting from an accident exceed the insurance limits, the driver may be personally responsible for paying the difference. This can result in significant out-of-pocket costs for the at-fault driver. This can lead to financial hardship and even bankruptcy. Therefore, it is essential for drivers to carefully consider their insurance limits and to purchase sufficient coverage to protect themselves and others in the event of an accident. Adequate insurance coverage can provide peace of mind and financial security, ensuring that you are not left vulnerable in the aftermath of a serious accident and that you receive full compensation for your losses.

Accident Claim Process

The process of filing a car accident claim begins as soon as you notify your insurance company about the accident. You’ll need to provide detailed information about the incident, including how it happened, the parties involved, and the extent of the damages. The insurance company will assign an adjuster to investigate the claim, assess the damages, and determine the amount of compensation to be paid. If your accident claim exceeds the insurance limits of the at-fault driver’s policy, the insurance company will only pay up to the policy limit. 

Any remaining damages become the responsibility of the at-fault driver, who may be personally liable for these costs. This is why it’s so important to have sufficient insurance coverage in place. Navigating the accident claim process can be challenging, especially when the claim exceeds policy limits. An experienced car accident lawyer can help you understand your rights, negotiate with the insurance company, and pursue the compensation you need to cover your losses.

Exceeding Insurance Policy Limits

When a car accident claim exceeds the insurance policy limits, the financial implications can be severe. When damages exceed the at fault driver’s insurance limits, the injured party may not receive full financial compensation from the insurer alone. The at fault driver’s insurance will only pay up to the policy limit, and any remaining damages may require pursuing a personal lawsuit against the at-fault driver to recover the remaining costs. However, this process can be complex and time-consuming, often requiring the expertise of an experienced personal injury attorney.

In some cases, the injured party may have underinsured motorist coverage as part of their own insurance policy. This type of coverage can help bridge the gap when the at-fault driver’s insurance is inadequate. If the at-fault driver lacks sufficient personal assets or financial resources, it may be difficult to recover the remaining damages even through legal action. It’s crucial to review your insurance policies and understand the coverage limits to ensure you are adequately protected.

Navigating the aftermath of a car accident where the claim exceeds insurance limits can be daunting. Settlement negotiations may become more complex when damages exceed insurance limits, as parties may dispute liability and responsibility for the remaining costs. Seeking legal advice from a knowledgeable attorney can provide clarity and help you pursue the compensation you deserve. An attorney can guide you through the legal process, negotiate with insurance companies, and represent your best interests in court if necessary.

Can You Receive Higher Compensation When the At-Fault Party Is Underinsured?

If you know the liable party is underinsured, you may receive just compensation for your losses and injuries. An auto insurance company plays a crucial role in setting and enforcing these insurance limits, which can impact the amount of compensation you receive. Underinsured motorist coverage (UIM coverage) can help cover damages that exceed the at-fault driver’s insurance limits.

If the at-fault driver’s insurance is not enough to cover your expenses, you may need to consider other options. Accident victims may need to explore alternative sources of compensation, such as legal claims or other financial recovery options. If the at fault driver carries an umbrella policy, this may provide additional coverage once the primary policy limits are exhausted.

Personal Injury Protection

In several states, including Kansas, motorists are required to carry personal injury protection insurance (PIP). This protection can cover bodily injuries sustained in an accident and can be used to bolster the compensation you can receive when the other parties lack sufficient coverage for your accident.

There may also be other options, such as underinsured and uninsured motorist coverage in their car insurance policies. We encourage you to work with an attorney for further assistance in exploring your legal options to receive a fair recovery.

Options Beyond Insurance Coverage

There may be cases where your insurance and the at-fault driver’s coverage are insufficient, but you may have options. In some situations, additional parties—such as commercial vehicle owners or other third parties involved in the accident—may also be liable for damages. Car accident claims can sometimes exceed insurance limits, necessitating legal action. While many drivers with low or no insurance lack other assets, you may choose to take legal action against them. This may not be ideal, but the option can be more thoroughly explored and considered with an attorney.

Umbrella Policies and Additional Protection

For those seeking extra peace of mind, umbrella policies offer an additional layer of protection beyond the standard insurance policy limits. These policies are designed to cover damages that exceed the limits of your primary auto insurance policy, providing crucial financial security in the event of a severe accident. Umbrella policies are especially valuable for individuals with significant assets to protect, as they can help shield you from substantial financial losses if a lawsuit arises from a car accident. In addition to umbrella policies, underinsured motorist coverage is another important safeguard. This coverage helps pay for medical expenses and other damages when the at-fault driver’s insurance policy limits are too low to fully compensate you. By investing in umbrella policies and underinsured motorist coverage, you can ensure that you and your family are better protected against the unexpected costs that can arise from serious car accidents.

Claim Exceeds and Financial Implications

When a car accident claim exceeds the insurance limits of the at-fault driver’s policy, the financial consequences can be significant for both parties. The at-fault driver may be personally liable for the remaining damages that go beyond their insurance coverage, which can create a substantial financial burden. If the at-fault driver cannot pay these remaining damages out of pocket, accident victims may need to seek additional compensation through other means, such as filing a personal injury lawsuit. 

This legal process can be complex and time-consuming, but it may be necessary to recover the full amount of compensation you are entitled to. Consulting with an experienced personal injury attorney is essential in these situations, as they can help you explore all available options for additional compensation and guide you through the legal steps required to pursue your claim. Understanding the financial implications of a claim that exceeds insurance limits can help accident victims make informed decisions and protect their financial future.

Time Limits to File a Claim

After a car accident, it’s important to be aware of the time limits for filing a claim or pursuing legal action. Each state has its own statute of limitations, which sets a deadline for accident victims to file a claim with the insurance company or initiate a lawsuit if the claim exceeds insurance limits. Missing these deadlines can result in losing your right to compensation, so acting promptly is crucial. 

In some cases, if your claim exceeds the insurance limits, you may have additional time to file a lawsuit, but it’s always best to consult with an experienced car accident lawyer to ensure you don’t miss any important deadlines. Having sufficient insurance coverage, such as bodily injury liability coverage and property damage coverage, can also help protect you from unexpected financial losses after an accident. 

By understanding the time limits and working with a knowledgeable attorney, you can safeguard your rights and maximize your chances of receiving fair compensation for your injuries and damages.

Why You Should Work With an Underinsured Accident Lawyer

If you are considering legal action or are in the midst of legal matters, we strongly recommend you work with a qualified and experienced attorney. An attorney can help manage medical bills that exceed insurance limits. A lawyer, like one from Hollis Law Firm, can speak on your behalf, manage your paperwork, maintain your legal and medical schedule, and give you actionable next steps and strategies tailored to your case.

We recommend you refrain from representing yourself during your legal matters, as you can encounter many significant risks. You might suffer unnecessary stress, reduced compensatory value for your claims, a lost case, lengthy litigation, or a more difficult healing process. Avoid these and many other adverse consequences when you retain support from Hollis Law Firm.

Contact us immediately or as soon as possible to improve your odds of success even further. We will need sufficient time to collect evidence, understand your priorities and needs, build a case in your favor, and connect you with other helpful specialists. Reaching out sooner will make this process far more manageable and likely to be successful.

Hollis Law Firm Can Help You Analyze Your Options and Boost Your Compensation 

When you face severe injuries due to another person’s negligence, and the liable parties lack enough insurance coverage to address your financial needs, you don’t have to work alone. An attorney from Hollis Law Firm can aid you as you navigate the legal system, lending you our confidence, knowledge, and helpful strategies. We can help with bodily injury claims resulting from car accidents. We support victims and survivors of all kinds and can do the same for you.

We encourage you to contact us as soon as possible to schedule a free consultation. During your consultation with our talented and dedicated attorney, we can answer your questions and address any lingering concerns you have about your claims. Call us at (800) 701-3672 or complete our contact form today.

Author
JASON CHAMBERS, JD
Hollis Law Firm

As the managing attorney at the Hollis Law Firm, Jason Chambers leads complex product liability and personal injury litigations, advocating for clients injured by defective drugs, medical devices, and personal injury accidents. The firm, based in Kansas City, represents victims throughout the Midwest and beyond, offering free consultations to those affected by harmful prescription drugs, defective medical devices, and personal injuries.

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Hollis Law Firm
8101 College Blvd, Suite 260
Overland Park, KS 66210