May 22, 2024

Will Car Insurance Provide Enough Coverage for a Car Accident?

Contact a Delaware County Car Accident Lawyer at the Law Firm of Anthony C. Gagliano III, P.C. for More Information

If you can prove that someone else was to blame for your accident, they will take on the obligation to fully compensate you for your injuries. If the driver had followed Pennsylvania law, they would have purchased car insurance. However, Pennsylvania law only requires that drivers have minimum amounts of insurance to get on the road. The expensive cost of medical bills and repairs means minimal insurance coverage does not go as far as it used to. You may need to file a second insurance claim or lawsuit against the responsible driver to obtain total compensation.

Options for Compensation Based on Different Kinds of Coverage

Pennsylvania has several options for obtaining compensation for a car accident. If you have limited tort coverage, you can only file a lawsuit for the economic damages associated with your crash. You cannot recover pain and suffering or other non-economic damages from the other driver. Still, the driver may have enough coverage to fully compensate you for medical expenses and lost wages.

If you have full tort coverage, you can sue the other driver for all your damages, including non-economic harms. You can receive total compensation for things like pain and suffering and emotional distress.

Your Underinsured Motorist Coverage Can Help

The cost of car insurance is skyrocketing these days. Motorists may try to economize by obtaining less coverage. You must protect yourself by purchasing sufficient underinsured motorist coverage to compensate for the shortfall. If the other driver did not have enough coverage to pay for your damages, you would file a claim against your policy. Then, your insurance provider would be liable to pay you up to the amount of your policy limit, providing that you prove that the other driver was at fault. Even though you are dealing with “your own” insurance company, you cannot expect them to make your life easy. They operate like any insurance company because they do not want to pay you for your total damages.

The Driver Could Be Liable for Your Injuries

Another option, if the other driver does not have enough insurance coverage, is to sue them personally in a lawsuit. The other driver would be legally responsible for paying you from their own pocket if they did not have enough insurance for your damages. Bear in mind that it is tough to collect a judgment from another driver. Even though you have a legal right to collect money, they may not have the assets necessary to pay you. In addition, some of their assets may be shielded from a judgment. If you can garnish their wages, there are limits to the amount you can collect.

It is vital to contact an experienced lawyer to help review your legal options. If you have to file an underinsured motorist claim, you are dealing with two insurance companies. Each one can make your life harder in their way. You would need a lawyer to pressure two for-profit businesses that do not want to pay you. Insurance companies only take note and listen when they see that you have an attorney who can put legal pressure on them. Your lawyer may run an asset check on the responsible driver to determine whether it may be worth your while to sue them personally.

Contact a Delaware County Car Accident Lawyer at the Law Firm of Anthony C. Gagliano III, P.C. for More Information

A Delaware County car accident lawyer at the law firm of Anthony C. Gagliano III, P.C. will be the tough advocate you need. To schedule a free consultation, call us at 267-861-7100 or contact us online. We have offices in Philadelphia and King of Prussia, Pennsylvania, and we work with clients in Montgomery County, Delaware County, Bucks County, Chester County, and Norristown.