Are There Maximum Payout Limits for Car Accident Claims?
Banafshe Law Firm PLC September 6, 2018
Car accidents are a major part of the legal business in most parts of the country. They make up an intricate portion of the civil litigation that is brought forward in our country in the first place. They also have a unique standing in terms of the law and how much compensation a person may receive for a car accident.
Most of the time, the plaintiff is going to be suing the car insurance company of the other driver who was involved in the accident. They are going after the responsible party in this case, and that means going after the insurance company of that person. The insurance company is going to have a certain legal limit that will pay out on a claim made against them in a single accident. However, that is not necessarily the absolute most that a particular individual may go after the insurance company for. It is possible to get more out of them if you want to go about suing the individual themselves and trying to shake some money out of them as well.
For most car accidents, it is incredibly difficult to get any money beyond the amount that the other person’s insurance will cover. However, it is not impossible. If the person who strikes you with their vehicle happens to be wealthy or have some sizable assets, then you may be able to sue them for those assets or money. It is not out of the realm of possibilities that the court may award you more than the amount that is the exception and not the rule.
It is best to check with your attorney to see what kind of limits the defendant’s insurance policy has set within it. They are almost certainly going to advise you to go just for the limit that the insurance company is willing to pay. That is the starting point, but it does not necessarily end there. The insurance company is very likely to come back with a counteroffer of some kind. That offer will let you know where you stand in the negotiation.
The insurance company is likely to start at a pretty low starting point. They are trying to protect their own interests in this case, and that means that they are very likely to come in at an amount that you are not going to be able to accept. This is to be accepted and your attorney knows that this is the most likely outcome in the beginning. They are prepared to come back to the insurance company once again with a different settlement offer. This is the back and forth that happens between insurance companies and lawyers all the time. You should try to listen to your lawyer’s advice as far as how you should proceed as the case continues to move forward. They will know what to do in just about any circumstances that could end up being thrown your way.