You were severely hurt in a car accident that wasn’t your fault. The medical bills are piling up, you’ve lost wages from missing work, and on top of everything else, you learn the other driver’s insurance policy caps out far below what you actually need.
Now what? It feels like the responsible party gets to hide behind a policy limit while you’re left holding the rest of the bill.
A low insurance policy doesn’t have to mean a low auto accident settlement. Illinois law gives injury victims several paths to full compensation, even when the at-fault driver’s coverage falls short.
At Dodds Law Office, our car accident attorneys consider all options for obtaining the compensation you deserve. This guide walks you through those options, so you know what’s possible.
Why Do Policy Limits Catch So Many People Off Guard in Illinois?
While Illinois does not cap the damages you can seek for car accident injuries, insurance usually only pays up to the limit written into the policy. For very serious accidents, this might not be as much as your actual damages.
Illinois sets minimum auto insurance coverage requirements for drivers. However, these are low compared to real accident costs:
- $25,000 per person per accident,
- $50,000 total per accident for bodily injuries, and
- $20,000 for property damage.
Serious car accidents often cause injuries that need surgery and long-term care, which leads to lost income, pain and suffering, and the loss of quality of life. Sometimes, the impact is even permanent. These types of injuries can quickly exceed the insurance minimums.
Does the at-Fault Driver Have More Coverage than the State Minimum?
One of the first questions to ask when investigating how to get paid fair compensation is: Does the at-fault driver’s policy fully cover the damages? Many drivers carry much higher auto insurance coverage limits.
It’s worth having a car accident attorney investigate the actual policy, not just assume it’s the state minimum. not treat the court as an afterthought. If the insurance company refuses to offer fair compensation, we are ready to take the next step.
What Happens When Your Injury Claim Exceeds the Insurance Policy Limit?
If your injury claim is higher than the at-fault driver’s insurance policy limit, several options may be available to make up the shortfall.
Your Own Insurance (Underinsured Motorist Coverage)
In Illinois, insurance companies must offer drivers uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage in every policy. This is paid out when the other driver is uninsured or doesn’t have enough coverage to pay the damages, and you can only decline it in writing.
Therefore, the first place to check for additional compensation is your own policy. You may be able to access a certain amount of UIM.
Umbrella Policies: A Source of Extra Coverage
Some people carry an “umbrella” policy that adds extra liability coverage beyond their regular auto policy. This may be part of a regular insurance policy, like auto or home insurance.
Again, it’s worth having a car accident attorney check whether the driver has a policy, since it’s not always obvious.
The at-Fault Driver’s Assets
Insurance isn’t the only source of recovery. If the other driver’s insurance doesn’t cover all your costs, you might be able to go after their personal assets to make up the difference. This could include their savings, property, or even future earnings.
Some drivers without enough insurance may also have few assets. However, we shouldn’t assume that right away, especially if it’s the only way left to get the money you’re owed.
The Insurance Company Itself (Bad Faith Claims)
Another possible source of extra damages in an auto accident settlement is the insurance company itself. Insurance companies have a legal duty to handle claims fairly and can’t unreasonably delay or lowball a valid claim. If they fail in this duty, Illinois law allows a policyholder to recover extra damages, such as attorney’s fees and a penalty, if an insurer acts “vexatiously and unreasonably.”
Typical examples include:
- An insurer refusing to pay out a legitimate underinsured motorist claim, and
- An insurer failing to settle a case within policy limits when it reasonably could have.
This is a complex, fact-specific area of law that usually requires a lawyer to evaluate before proceeding.
Why an Attorney Matters More in an Auto Accident Settlement with Limited Insurance Coverage
Accident claims are almost never simple. But they’re usually easier when you can seek compensation from a single place.
Sometimes the insurance company’s policy limit is lower than the amount you’re asking for. When that happens, you’ll need to look for other ways to get paid. This might mean using your own insurance policy, pursuing the other driver’s personal assets, or even looking into whether the insurance company acted unfairly.
An experienced car accident attorney will look at every possible option for getting you fair payment, not just settle on one number with the insurance company.
Frequently Asked Questions
What Happens If a Jury Awards Me More than the Insurance Policy Limit?
If the case goes to trial and the jury issues a verdict that exceeds the at-fault driver’s insurance, any excess becomes the at-fault driver’s personal debt. The amount is collectible through their assets, which may result in the seizure of the driver’s property or a judgment lien.
Do I Need Uninsured Motorist Injury Coverage in Illinois?
Yes, most drivers have it. Illinois law says your policy must include uninsured motorist coverage matching your bodily injury limits unless you reject it in writing. The state minimum is $25,000 per person and $50,000 per accident. If you choose higher uninsured motorist limits, you must have matching underinsured motorist coverage.
Can I Sue More Than One at-Fault Party?
If more than one party contributed to your accident, such as an employer, a manufacturer, or a government agency, you may be able to seek damages from each party. This gives you access to more insurance coverage. Identifying every liable party can help you recover full compensation.
Make Sure You Claim What Your Injuries Are Actually Worth
A low policy limit shouldn’t mean a low recovery. When your damages are bigger than the insurance available, you deserve to know every option on the table.
At the Dodds Law Office, we’re committed to handling that for you. Our 5-star Google rating reflects our dedication to securing fair compensation for our clients.
Contact Dodds Law Office, a car accident lawyer in Bloomington, Illinois serving McLean County today if you or someone you care about was in an accident.
Request a free consultation and learn how we can help you pursue the compensation you deserve. Call us at (309) 829-9300 No upfront attorney fees.
