What Are My Options if My Accident Exceeds Policy Limits?


Car insurance exists to help accident victims pay for certain costs associated with a collision, including medical bills and property damage. However, not all policies offer enough coverage to adequately pay for the full extent of a victim’s losses. If your losses exceed the limits listed on an insurance policy, explore other potential options with an experienced car accident attorney in Las Vegas.

Supplemental Coverage

If the first policy you use to seek financial compensation for your car accident does not have enough coverage, you may be able to pursue secondary coverage through another carrier. If you brought a car accident claim against another driver, for example, but your losses exceed policy limits, you may be able to turn to your own car insurance provider for supplemental coverage.

If you have uninsured/underinsured motorist (UM/UIM) insurance, this could help compensate you if the other driver’s policy does not have enough. A third party may also be held liable, such as another driver or a product manufacturing company. Holding more than one party responsible for your car accident can give you options for supplemental coverage.

Filing a Lawsuit

If you are unable to receive the amount of financial compensation you need through an insurance settlement outside of court, your best option may be to take your case to trial. Insurance settlements are subject to the limits listed on a policy, but jury verdicts awarded at trial are not. This means you could be granted greater financial compensation from the defendant(s) than what is offered on the limits of an insurance policy.

The at-fault parties you may be able to sue after an accident in Nevada include:

  • A driver
  • A vehicle owner
  • A trucking company
  • A business
  • An employer
  • A manufacturer or distributor
  • A school or school district
  • A bar or restaurant
  • A maintenance or repair shop
  • The government

Under Nevada law, you have the right to file a personal injury claim against one or more parties for causing your accident and injuries. During your trial, you or your Las Vegas personal injury attorney will have to show evidence proving that the defendant is more likely to be at fault for your accident than not. This burden of proof (known as a “preponderance of the evidence”) must be met for a jury to award a verdict in your favor.

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When to Consult With a Car Accident Attorney

If you file an insurance claim after an accident and discover that there is not enough on the policy to pay for your losses, consult with an attorney in Las Vegas for advice about your situation. A lawyer can investigate your case to identify all possible sources of financial compensation, including a third-party claim or personal injury lawsuit.

Your car accident attorney in Las Vegas will fight for the best possible outcome for your case, even if this means litigating the matter at trial. A lawyer can seek maximum compensation for your medical bills, lost wages, property damage, pain and suffering, and other losses you suffered in the crash while you focus on healing. If you wish to speak to an attorney about your particular case, call Valiente Mott at (702) 623-2323 for a free case review.

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