What If My Claim Exceeds Policy Limits?
This is a common and incredibly frustrating scenario for motorcyclists involved in serious accidents. While the at-fault driver is legally responsible for your damages, their insurance policy limits can quickly become a major obstacle to full recovery. It’s crucial to understand your options when facing this situation, and that’s what we’ll explore here.
The first thing to know is that the at-fault driver’s insurance policy is not the only potential source of recovery. There are several avenues we can pursue to ensure you receive the compensation you deserve, even if the policy limits are insufficient. This includes exploring your own insurance coverage, identifying other potentially liable parties, and understanding the process of pursuing an excess coverage claim.
As a personal injury attorney with over 13 years of experience practicing in San Diego, I’ve seen firsthand how insurance companies attempt to minimize payouts and often undervalue claims. I was trained by a former insurance defense attorney, giving me intimate knowledge of how these companies evaluate, devalue, and deny claims. This insight allows me to build strong cases and effectively negotiate on behalf of my clients to maximize their recovery.
What Should I Do If the At-Fault Driver’s Insurance Isn’t Enough?
The initial step is to thoroughly investigate all potential sources of recovery. This begins with a detailed review of the at-fault driver’s policy and a comprehensive assessment of your damages, including medical expenses (past and future), lost income, property damage, and pain and suffering. We’ll also look into whether the at-fault driver had any other insurance policies, such as an umbrella policy, that could provide additional coverage.
Next, we’ll examine your own insurance policies. You may have Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage, which can step in to cover the damages if the at-fault driver is uninsured or underinsured. It’s important to review the terms of your policy carefully, as there are often specific requirements and deadlines for filing a claim. Ins. Code § 11580.2 outlines the requirements for UM/UIM coverage in California.
Finally, we’ll investigate whether any other parties may be liable for your injuries. This could include the owner of the vehicle, the employer of the driver (if they were on the job at the time of the accident), or even a manufacturer if a defective part contributed to the crash.
Can I Sue the At-Fault Driver Personally?
Yes, you can sue the at-fault driver personally for the amount of your damages that exceed their insurance policy limits. However, it’s important to understand that collecting on a judgment against an individual can be challenging. If the driver has limited assets or income, it may be difficult to recover the full amount you are owed.
Before pursuing a lawsuit, we’ll carefully assess the driver’s financial situation to determine whether it’s worth the time and expense. We’ll also consider whether they have any assets that could be seized to satisfy a judgment, such as real estate, vehicles, or bank accounts. Civ. Code § 1714 details California’s comparative fault system, which applies even when suing an individual directly.
Even if the driver doesn’t have significant assets, filing a lawsuit can sometimes be a necessary step to protect your rights and ensure they are held accountable for their actions.
What is an Excess Coverage Claim?
An excess coverage claim involves pursuing additional insurance coverage from other policies, such as an umbrella policy or a secondary insurance policy held by the at-fault driver. Umbrella policies provide additional liability coverage above and beyond the limits of the driver’s primary auto insurance policy.
Filing an excess coverage claim can be complex, as it often requires proving that the at-fault driver was negligent and that their actions caused your injuries. It’s crucial to have an experienced attorney on your side who understands the intricacies of these claims and can effectively negotiate with the insurance companies.
We will thoroughly investigate the at-fault driver’s assets and insurance history to identify any potential sources of excess coverage. This may involve obtaining public records, conducting asset searches, and reviewing the driver’s financial documents.
What if the Accident Involved a Government Vehicle or Road Hazard?
If the motorcycle accident involved a government-owned vehicle or a dangerous road condition like loose gravel, potholes, or poorly marked construction zones, the process for pursuing a claim is different. You will need to file a formal administrative claim with the government agency responsible for the vehicle or roadway.
It’s crucial to meet the strict deadline for filing this claim, which is typically **6 months** (180 days) from the date of the accident. Failure to meet this deadline under the Government Tort Claims Act can result in the permanent loss of your right to recover. Gov. Code § 911.2 outlines the requirements for filing a claim against a government entity in California.
The government agency will investigate your claim and may offer a settlement. If you are not satisfied with the settlement offer, you may have the option to file a lawsuit in court.
How Does Comparative Fault Affect My Claim?
California is a ‘pure’ comparative fault state, meaning that you can still recover damages even if you were partially at fault for the accident. However, your total compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident, your damages will be reduced by 20%.
Insurance companies often attempt to argue that the motorcyclist was at fault for the accident, even if it’s not true. They may claim that you were speeding, lane splitting improperly, or failed to yield the right-of-way. It’s important to have an experienced attorney on your side who can effectively counter these arguments and protect your rights. CVC § 21658.1 defines lane splitting in California, and proving safe operation is key in accident litigation.
We will thoroughly investigate the accident and gather evidence to support your claim, including witness statements, police reports, and accident reconstruction analysis.
What if the At-Fault Driver Flew the Scene?
If the at-fault driver fled the scene of the accident, it’s crucial to report the incident to the police immediately. The police will investigate the accident and attempt to locate the driver. You may be able to file a claim with your own Uninsured Motorist (UM) coverage to cover your damages.
Even if the driver is never located, you may still be able to recover compensation through your own insurance policy. It’s important to review the terms of your policy carefully and consult with an experienced attorney to understand your options.
We will work with the police to gather any available information about the driver, including their vehicle description, license plate number, and any potential witnesses.
What if the At-Fault Driver Was Driving a Borrowed Vehicle?
If the at-fault driver was operating a vehicle borrowed from a friend or family member, both the driver and the owner of the vehicle may be liable for your injuries. This is based on the legal principle of negligent entrustment, which holds the owner responsible if they permitted an unfit or incompetent driver to operate their car.
To establish negligent entrustment, we must prove that the owner knew or should have known that the driver was unfit or incompetent to operate the vehicle. This could include evidence of prior accidents, traffic violations, or a history of reckless driving. CACI No. 724 provides guidance on establishing negligent entrustment in California.
We will thoroughly investigate the driver’s history and the owner’s knowledge of their driving record to determine whether a claim for negligent entrustment is viable.
What if the At-Fault Driver Was Intoxicated?
If the at-fault driver was under the influence of alcohol or drugs at the time of the accident, you may be able to pursue punitive damages in addition to compensatory damages. Punitive damages are designed to punish the defendant for their reckless behavior and deter others from engaging in similar conduct.
Proving intoxication requires evidence such as blood alcohol content (BAC) test results, witness testimony, and police reports. CVC § 23152(a) defines the legal limits for alcohol concentration in California.
We will work with law enforcement to obtain any available evidence of the driver’s intoxication and build a strong case for punitive damages.
As a personal injury attorney with over 13 years of experience in San Diego, I understand the complexities of these cases and am committed to fighting for the maximum compensation you deserve. Don’t let the insurance companies take advantage of you. Contact my office today for a free consultation.
