My Car Accident Claim Exceeds My Insurance Limits. Now What?
Let’s say you’re in a serious car accident in Florida. You do everything right. File the claim. Cooperate with your insurance company. But then you get the medical bills. The rehab bills. The lost wages. Maybe even permanent injury. You add it all up and your jaw drops.
Turns out, your damages exceed your policy limits. By a lot. “Now what?” you’re asking.
The insurance adjuster shrugs. The other driver’s insurer says “not our problem.” Everyone acts like you’re just supposed to eat the costs and smile. But here’s what they’re not telling you: You have options. And giving up is not one of them.
At Madonna Law Group, we help Florida accident victims who are facing this exact nightmare. And we’re going to walk you through how this works and how to fight back.
Florida’s Insurance System Is Built to Limit Your Payout
Florida is a no-fault insurance state. That means your own Personal Injury Protection (PIP) coverage is supposed to pay for your medical expenses — up to $10,000. That’s it. Doesn’t matter if your bills are $100,000 or $1 million.
But it gets worse. Many Florida drivers carry only the minimum bodily injury liability coverage or none at all. So even if the other driver caused the crash, there’s a good chance their insurance won’t come close to covering your losses.
So, What Should You Do?
Step One: Know What You’re Actually Entitled To
Just because the insurance limit is low doesn’t mean that’s all you can get.
If you’ve suffered a serious injury (defined under Florida Statute § 627.737 as permanent injury, significant scarring/disfigurement, or death) you can step outside the no-fault system and sue the at-fault driver directly.
Yes, even if their policy caps out at $10,000. Why? Because that’s their insurer’s problem, not yours. And if their negligence caused your injuries, they’re legally on the hook for all of your damages, not just what their policy covers.
Step Two: Look for Additional Coverage (It’s There More Often Than You Think)
Here’s where things get interesting. There may be multiple sources of compensation, even if the at-fault driver is underinsured or uninsured. For example:
- Your own Uninsured/Underinsured Motorist (UM/UIM) coverage. Most people don’t even realize they have this. It can kick in when the other driver’s insurance falls short.
- Third-party liability. Was the at-fault driver working when they hit you? Was a commercial vehicle involved? Was there a faulty part in the car? Every one of these opens the door to a larger recovery.
- Bad faith insurance claims. If an insurer had the chance to settle within policy limits and refused, they could be on the hook for the full judgment, even beyond the policy. Florida law does not tolerate insurance companies playing games.
Talking to a Dade City auto accidents attorney might help you better understand your options since everyone’s situation is different.
Step Three: Contact an Actual Attorney
No offense to Google, but you are not going to DIY your way through this. Insurance companies spend millions figuring out how to lowball people like you. You need a legal team that knows how to:
- Find hidden insurance policies
- Calculate your full damages (not just what the adjuster says)
- Pressure insurers into settling fairly or taking them to trial if they don’t
At Madonna Law Group, we do all of that.
You Don’t Get a Second Shot at This
This is your one chance to recover what you’ve lost. If you settle too early — or accept the policy limit as the “best you can do,” you’re locking in a lifetime of financial pain.
Don’t let that happen. Instead, talk about your options with an attorney at Madonna Law Group during a free consultation. Call at (352) 567-0411 today.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.737.html
