What Happens If Insurance Coverage Isn’t Enough To Pay For Personal Injury Claim?

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The policy limit is the highest dollar amount that the insurance company will pay in the event of a covered accident. After an accident, some individuals can find themselves reaching the policy limit threshold while still needing medical care or not having fully recouped damages and losses from the accident. Insurance companies can be quick to offer you a low settlement offer. A signed release can prevent you from pursuing any additional dollars in the future. A personal injury attorney can give you an estimate of what your case is worth and negotiate a fair settlement on your behalf. A personal injury attorney can also help you navigate ways to receive appropriate compensation, even when the at-fault individual’s policy is maxed out. Here are a few options a personal injury attorney could assist you in pursuing.

Personal Payments from the Defendant

It is possible to file a lawsuit against the defendant for them to pay personally out of their own assets. Unfortunately, this method is often unsuccessful. Individuals who carry minimum insurance coverage are unlikely to have significant assets that could be liquidated to make these payments. However, a judge could order wage garnishment or a lien on the defendant’s assets, should they have such assets available.

Suing Additional Defendants

In some personal injury cases, there can be multiple defendants or responsible parties. For example, in a medical malpractice lawsuit, both a doctor and the hospital may have committed medical negligence. In cases such as these, more than one defendant may be liable for the whole amount of damages, thereby increasing the compensation you are entitled to. 

Using Your Health Insurance

Another option is to use your own health insurance to cover your medical bills. Your insurance provider can attempt to recoup the costs from the defendant using subrogation. This means that the insurance provider can be reimbursed out of settlement proceeds. Bills covered by a health savings account are not subject to subrogation.

Bill Reduction Negotiation

After an accident, you may be taken to a hospital outside your network or receive treatment from a doctor outside of your network resulting in hefty medical bills. A personal injury attorney can negotiate with hospitals, doctors, surgeons, physical therapists, and other specialists who provided medical care to you to help reduce incurred costs related to the accident. Personal injury attorneys are well-versed in working with medical billing representatives, and their experience can be very helpful in negotiating bill reductions.

If you have been in an accident and want to ensure you receive fair compensation despite insurance policy limits, contact us at Stevenson Klotz Injury Lawyers, your Pensacola personal injury lawyers. During the difficult time after an accident, it’s frightening to be unsure how you’ll pay your medical bills and recoup losses. Our many years in the legal industry will offer you solid guidance on options available to you. Experienced personal injury lawyers will know how to work with insurance companies and their lawyers to get you the best outcome and compensation you deserve. They will also be able to relieve you of the burden of any negotiations and legal procedures related to your personal injury claim. 

FAQs

How do I know how much my claim is worth?

One of our personal injury lawyers can review your case and estimate the worth of your claim. 

How much will it cost for you to look at my case? 

There are no up-front costs associated with retaining a personal injury lawyer at our firm. Legal fees will only be collected if we win your case. 

Is it worth hiring a personal injury lawyer?

Personal injury claims can get complicated quickly. To ensure you receive the compensation you deserve, let an experienced personal injury lawyer handle assessing damages, costs, and guide you through the best options available to you for a fair settlement. 

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