How Often Do Auto Accident Settlements Exceed Policy Limits? (2024)

Home How Often Do Auto Accident Settlements Exceed Policy Limits? (1) How Often Do Auto Accident Settlements Exceed Policy Limits?

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Terry Crouppen who has more than 40 years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Terry Crouppen who has more than 40 years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.

  • Last Modified:
  • January 25, 2024

BY

Brown & Crouppen Law Firm

Auto accident settlements often do not exceed policy limits because insurance companies are not required to pay out more than the amount of the policy limit. If your auto accident claim is significantly more than the policy limits, the insurance company will likely settle the claim for the amount of the policy limit.

However, there are cases where the settlement amount awarded to victims exceeds the policy limit.

Auto Insurance Coverage & Policy Limits in Missouri

First, it’s important to understand insurance coverage requirements in the state of Missouri. at-fault state, Missouri residents are required to carry minimum liability coverage. To operate a vehicle in the state of Missouri, it must be insured by meeting the state’s minimum liability coverage requirements.

Here are the minimum car insurance requirements in Missouri:

  • <$25,000 of bodily injury liability coverage (per person)
  • $50,000 of bodily injury liability coverage (per accident)
  • $25,000 of property damage liability coverage
  • $25,000 per person and $50,000 per accident of uninsured motorist bodily injury coverage

These are just the state’s requirements; lenders may require additional insurance coverage.

To understand the likelihood of settlements exceeding policy limits, it’s important to understand exactly how policy limits are defined. Policy limits are the maximum amount an insurance company will pay out in the event of an accident. For example, if a policy limit is $50,000, the insurance company will not pay more than $50,000 for damages and injuries resulting from an accident.

In many cases, settlements are made within the policy limit. However, there are instances where settlements may exceed the policy limit. This can occur for various reasons, including the severity of injuries sustained, the cost of medical treatment, the level of property damage, and the extent of liability. When a settlement exceeds the policy limit, the victim may be left with unpaid expenses or damages.

According to a study conducted by the Insurance Research Council, in 2014 the frequency of auto accident settlements exceeding policy limits was approximately 4%. This means that in 4% of cases, the settlement amount awarded to the victim was higher than the policy limit set by the insurance company. The study also found that the frequency of settlements exceeding policy limits varied depending on the severity of the accident. For example, in cases where the injuries were severe or resulted in a fatality, the likelihood of a settlement exceeding the policy limit was much higher than in cases with minor injuries.

Collecting Additional Damages & Exceeding Policy Limits

Umbrella Policy

An umbrella policy provides additional liability coverage beyond the limits of your auto insurance policy. For example, if you have $40,000 in damages and the driver only has $25,000 in bodily injury liability coverage, the umbrella policy will cover the remaining damages.

Multiple Defendants

If the collision involved a commercial vehicle such as a semi, bus, or company car, you may be eligible to pursue claims against the driver and the company to recover damages. Similarly, if multiple drivers were found to be at fault for the accident, you may have the option to file a claim against each driver.

Bad Faith Claims

A bad faith claim is made against the insurance company if it is believed that the insurance company has acted in bad faith by failing to fulfill their contractual obligations under an insurance policy.

When you purchase an insurance policy, you enter into a contract with the insurance company. The insurance company is obligated to act in good faith, meaning that they must act in a reasonable, fair, and timely manner when processing claims and providing coverage. If an insurance company unreasonably denies a claim, delays payment, or fails to investigate a claim, they may be considered to have acted in bad faith. The consequences of a bad faith claim can be significant for the insurance company, requiring them to pay additional damages and penalties beyond the original policy coverage.

Additional Notes on Exceeding Policy Limits

Obligation of insurance companies: It is worth noting that when a settlement exceeds the policy limit, the insurance company is only responsible for paying the policy limit amount. The remaining balance is the responsibility of the at-fault driver. In cases where the at-fault driver is unable to pay the remaining balance, the victim may be left with unpaid expenses or damages. This is why it is essential to have adequate uninsured and underinsured motorist coverage to protect yourself in the event of an accident where the at-fault driver is unable to cover the full cost of damages (including medical bills resulting from the accident).

Uninsured motorist coverage:In the event that the driver responsible for the accident (and resulting damages) has no insurance, they are still entitled to Missouri’s uninsured motorist coverage, which protects an insured individual who is injured in an accident caused by a driver who had no insurance. Furthermore, the state’s“No Pay, No Play”law prevents uninsured motorists from pursuing non-economic damages after an auto accident.

Deadline to file a claim: It’s also important to note the Missouri’s statute of limitations for car accidents, which limits the time individuals have to file a claim to 5 years from the date of the accident or date that injuries were discovered.

Get Help from a Missouri Auto Accident Lawyer at Brown & Crouppen Law Firm

While settlements exceeding policy limits are relatively uncommon, they can still occur in severe or catastrophic accidents. It is crucial to understand your insurance policy and ensure that you have adequate coverage to protect yourself in the event of an accident. If you have been involved in an accident and are unsure of your coverage, get help from an auto accident lawyer at Brown & Crouppen Law Firm. An attorney can help guide you through the auto accident settlement process and help you secure the compensation you deserve.

Get started with your case by requesting a free case evaluation online.

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Fairview Heights, IL 62208
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How Often Do Auto Accident Settlements Exceed Policy Limits? (2024)

FAQs

How Often Do Auto Accident Settlements Exceed Policy Limits? ›

Auto accident settlements often do not exceed policy limits because insurance companies are not required to pay out more than the amount of the policy limit. If your auto accident claim is significantly more than the policy limits, the insurance company will likely settle the claim for the amount of the policy limit.

How often do auto accident settlements exceed the policy limits in Texas? ›

In approximately 4% of auto accident cases, the settlement amount awarded to the victim exceeds the policy limit set by the insurance company. This percentage varies based on the severity of the accident. But this is not the end of the story. A Waco car accident lawyer at The Zimmerman Law Firm, P.C. is ready to help.

How to negotiate for more from insurance settlement? ›

Tips for Negotiating With an Insurance Claims Adjuster
  1. Come well-prepared with supporting evidence. Records and documentation are critical components of the process. ...
  2. Calculate a full settlement amount. ...
  3. Know your bottom line. ...
  4. Beware of the first offer. ...
  5. Get the settlement offer in writing. ...
  6. Read the fine print.
Feb 17, 2023

What happens if insurance coverage is not enough? ›

If the damage a driver does to others exceeds the amount of liability coverage they have, they could be personally sued for any money their insurer won't pay. There's a very real chance of this happening, since state liability coverage requirements are usually pretty limited.

What happens when a car accident claim exceeds insurance limits in California? ›

If the insurer refuses a reasonable settlement offer within policy limits, it is playing a risky game. If, ultimately, “the judgment exceeds the policy limits,” the insurance company is liable “for the entire judgment,” including the amount in excess of policy limits.

Can I sue for more than policy limits in Texas? ›

When the policy limits in compensation are exceeded, Texas law permits a victim to pursue the personal assets of the person responsible. However, judgments can only be collected on non-exempt assets like vacation homes, second properties, and extra cars.

How often do auto accident settlements exceed the policy limits in Georgia? ›

Auto accident settlements often do not exceed policy limits because insurance companies are not required to pay out more than the amount of the policy limit. If your auto accident claim is significantly more than the policy limits, the insurance company will likely settle the claim for the amount of the policy limit.

Can I ask for more money on a settlement? ›

While you can technically negotiate a better settlement offer with the at-fault driver's insurance company on your own, they often don't make the process simple or easy. Insurance companies often insist they cannot pay a penny more than their initial offer.

How do I negotiate more money for a car accident claim? ›

How the Negotiation Process Works in Car Accident Cases
  1. Initiate your claim as soon as possible after a car accident. ...
  2. Keep accurate records about your accident and injuries. ...
  3. Calculate a fair settlement. ...
  4. Send a detailed demand letter to the insurance company. ...
  5. Do not accept the first offer. ...
  6. Get everything in writing.

How to get more money from an insurance claim? ›

Let's dive into the thick of it!
  1. Never Accept the First Offer.
  2. Never Sign Anything Before Consulting.
  3. Hire a Professional to Review and Give You Advice.
  4. Look Out for These Four Specifically.
  5. Show Proof if You Want to Argue the Estimate.
  6. Ensure the Insurance Company is Aware of Matching Elements That Also Need to be Replaced.
Jun 6, 2023

Why do insurance companies lowball? ›

No matter how unfair it may appear, lowball settlement offers are commonplace in personal injury cases, given the sky-high insurance premiums some insurer charge. The reason is simple – these companies always try to restrict their liability.

What is excess of policy limits? ›

Simply put, the XPL clause, by its terms, provides for reinsurance coverage in the event of payments owed by the original policyholder that exceed original policy limits, but are of the kind and nature of the risk insured. But for the quantum of coverage, such payments would be covered by the reinsured policy.

At what point is full coverage not worth it? ›

Between 10 and 15 years after a vehicle's model year, full coverage is a poor investment. While the cost of full coverage by itself likely won't be more than what a car is worth, the cost of insurance is more likely to be higher than the value of the car after an accident.

What is considered a large insurance claim? ›

Definition: Large loss claims refer to insurance claims involving significant and/or complex property damages in excess of $200,000. Common Causes: Fire, hail, hurricane, tornadoes, freeze, and floods are common triggers for large loss claims.

What is the claim limit on a policy? ›

A limit is the highest amount your insurer will pay for a claim that your insurance policy covers. Think of it this way: It's like filling up a fishbowl.

Which limit indicates the maximum amount the policy will pay for bodily injury per person? ›

The per-person limit is the amount your insurance would pay for each person who was injured in an accident you caused. The per-accident limit is the maximum amount your insurance would pay out per accident where you're at-fault. For example, let's say you buy a policy with bodily injury insurance limits of 100/300.

What is a policy limits demand in Texas? ›

A policy limits demand in a personal injury claim is a request made to an insurance company to pay the maximum amount an insurer has in their policy.

What is the average settlement for a car accident in Texas? ›

Average Settlement Amounts

Settlements can range from less than $1,000 to millions of dollars. That being said, you can get a rough idea of what to expect from average settlements. On average, car accident cases in Texas settle for around $22,000 – higher than the national average of $19,000.

What is excess of the policy limits? ›

Losses in excess of policy limits is an expression used in reinsurance agreements that refers to damages awarded by a court against an insurer in favor of the insured, due to the insurer's having failed to settle a third-party claim against the insured within the policy limits by reason of bad faith, fraud, or gross ...

What is the statute of limitations on a collision claim in Texas? ›

In the state of Texas, the statute of limitations for motor vehicle accidents is two years. This is measured from the date of injury and regardless of the type of incident that allegedly led to the injury.

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