What happens when car accident claim exceeds insurance limits in Florida?

What happens when car accident claim exceeds insurance limits in Florida?

Miami Car Accident Attorney. If the insurance policy limits of the at fault party are insufficient to cover all of your damages, the at fault party may be personally liable for the rest.  However, that only is useful if the at fault party is a an individual or corporation with money and assets that are collectable. In Florida, a person’s home is protected from lawsuit judgments by the Homestead Act. This means you cannot collect money if even if you win at trial and get a verdict and judgment against them. They can also file for bankruptcy and just discharge your judgement against them without paying a dime.

Most drivers or car owners are uninsured or underinsured, meaning if they cause an accident and injury they either have no liability insurance or not enough to cover the high costs of medical bills and pain and suffering of the victim. Businesses likewise have asset protections, such as shell or holding companies that do not own anything in their name. This is precisely why you need to hire a car accident attorney to investigate coverages and assets to determine if there is a pot of gold at the end of the litigation rainbow to pursue.

If the at-fault driver has no insurance or inadequate insurance, you may be able to pursue your own insurance policy benefits if you paid extra for uninsured or underinsured motorist (UM) protection.  Most people think they are fully covered, but they usually do not have UM coverage because it is not required by law and costs more premium money when you purchase your policy every year.  Most people reject UM coverage when they initially apply for a policy.

If the at fault party’s insurance company has low limits, but they do not pay or pay quickly enough when under all reasonable circumstances they should have paid, we as car accident attorneys may be able to pursue a bad faith claim against the insurer to collect more from the insurance policy than it actually covers. Perkins Law Offices has handled car accident cases where there was only $10,000 in coverage under the policy, but due to the bad faith claims handling by the insurance company they paid 10 times that amount.

Vehicle accidents are the most common type of personal injury and wrongful death cases in Florida.  They are usually caused by to someone being negligent or reckless behind the wheel. Most accidents are caused by by improper lane changes, careless driving, reckless driving, failing to keep a proper look out, driving too fast for conditions, failing to perceive hazards, disobeying traffic signals and laws and driving under the influence.

The key to any great car accident case is whether the other person or company who is at fault or is mostly at fault for causing the accident and your permanent injury, has liability insurance to pursue or has unprotected assets and money.  Unfortunately, most people in Florida driving around with very low insurance policy limits and sometimes no insurance at all. This is also true for company vehicles. Many people who buy the bare minimum amount of insurance limits the law requires, think they are fully protected.  That could not be farther from the truth.  In Florida, the minimum amount of insurance required is only $10,000 in PIP limits.  This won’t even cover a couple days in a hospital, much less costs of suregries, ongoing treatment, lost wages and pain and suffering.

Perkins Law Offices will help you understand the different insurance policies and benefits at play.  We will find any and all coverage available or parties liable for the accident and have successfully obtained personal money from defendants over and above any insurance limits.


If you or a loved one has been injured as a result of a car accident, contact us now!




305 741-LAWS (5297)

Perkins Law Offices regularly helps people who are seriously injured in car accidents, motorcycle accidents, trucking accidents, bicycle accidents, scooter/moped accidents, vehicle on pedestrian accidents, drunk driving accidents, hit and runs, chain reaction collisions and motorcycle lay downs cases.  Vehicle accidents can cause catastrophic, life altering injuries and death. But even smaller impact collisions can cause injures that interfere with your enjoyment of life.

Miami Car Accident Attorney. Below is a list of rules you should follow if you are in a car accident:

1. Call Police so a crash report will be filed.
2. Remember as much as you can about how the accident happened:

  • The speeds of the vehicles.
  • The lanes of travel the vehicles were in.
  • The direction of travel of the vehicles.
  • Where the impacts were
  • What the other driver and witnesses said at the scene.

3. Take pictures of the accident scene, the vehicles and your injuries if you are not too injured to do so or immediately transported to the hospital.

4. Get names and contact info of any witnesses that may help prove your case.

5. Seek medical treatment immediately. Even if you do not have insurance or a regular doctor. Car Insurance companies will not take your injury case seriously if you do not get treatment immediately or if you have a gap in treatment dates.  Even your own insurance company may not pay your own PIP benefits you don go to a hospital or doctor immediately.

6. Do not talk to anyone about the car accident or injuries other than your attorney or doctor after the accident other than police. You do not want to talk with an insurance adjuster or investigator, sometimes even from your own carrier because they are not there to help you.  Make sure you talk to Perkins Law offices before speaking to anyone or giving any statements about the accident or your injuries.

7. Keep track of all of your  damages such as medical bills, lost time and wages from work. Make sure you tell Perkins’ injury lawyers every detail about your injuries and how the injuries effect your life.

Miami Car Accident Attorney. The few minutes after a car crash can literally make the difference between winning or losing your case, even when the accident is not your fault. Our Miami car accident law firm recommends that everybody, whether driving or riding a passenger, always wears one’s seatbelt, no matter how far you are driving. It can be a critical mistake to think people do not need to wear a seatbelt if they are just driving around the corner. Studies have proven that a person has a 400% greater chance of surviving an accident if they are properly seat belted.

8. Disclose to Perkins Law Offices about any prior accidents, lawsuits, claims or other personal things that may affect your case.  Do not worry, everything you say to Perkins Law Offices is confidential and protected by the attorney client privilege.

What happens when car accident claim exceeds insurance limits in Florida?

Provided by PerkinsLawOffices.com   305-741-LAWS (5297) TF 855-741-LAWS (5297)            Perkins@PerkinsLawOffices.com