How Insurance Policy Limits Can Affect My Case

An insurance company will typically pay for a personal injury lawsuit if the plaintiff’s attorney is successful. The type of case is irrelevant, whether it be auto accident, slip and fall, animal attack, or something else. Unless you are bringing a case against some large corporation or business, the defendant’s insurance policy is what you’ll be trying to recover against.

Victims who walk through the doors of Jones & Swanson are many times unaware that there are limits to what they can claim against until we’ve discussed the specifics of personal injury lawsuits with them. Insurance polices are limited to what’s referred to as “policy limits”. Essentially, this is a maximum amount set by the insurance company that an individual can be held liable for an incident. Regardless of the level of injury or suffering, it is typically only possible to recover against the defendant’s policy limits.

Unfortunately, we see countless cases where the defendant’s insurance simply is not enough to cover our client’s needs. Experienced attorneys know to look for a few alternative courses of action in addition to the defendant’s insurance policy.

If your medical bills and necessary recovery amounts exceed the policy limits in your case, you have additional options. Some of which include:

1. Health Insurance Coverage – those victims with health insurance coverage can typically use it to pay medical expenses. Many times, however, health insurance companies require they be reimbursed from the recovery amount once that is determined.
2. Medical Provider Negotiations – in some situations, victims are simply facing excessive medical bills following an accident. In the event that health insurance and policy limits do not cover those bills, it is sometimes possible to negotiate with health insurance providers. Low payment plans and discounted rates have been agreed upon in the past, as long as you have dedicated legal representation fighting on your side.
3. Underinsured Motorist Coverage – if you cover UM coverage on your insurance policy, it is possible to recover against that amount once the defendant’s limits have been exhausted.

We urge all Georgia drivers to ensure their automobile insurance policy limits are at a level that will cover any injured victims in the event of a crash. The minimum limits in Georgia simply are not enough. For more information about Georgia insurance policy limits and a customized recommendation on the level of coverage you should have, call Jones & Swanson today at 770-427-5498.