South Fulton Accident Attorney: What Happens if the Defendant’s Insurance Doesn’t Cover Your Damages?

Most of the time, a client’s damages from a car accident are covered by insurance. Unless the accident is very serious, your damages shouldn’t exceed the defendant’s policy limits. However, there are times when our South Fulton accident attorneys handle a case where the damages are exceedingly high.

What Are the Odds That Your Car Accident Damages Would Exceed the Policy Limits?

It’s hard to say what the odds are that your damages will exceed the defendant’s policy limits. To answer this question, your South Fulton accident attorney would need to know certain information.

For example, was the other driver an individual or did they work for a company? What policy limits did the defendant choose when they purchased their insurance policy? Without this information, it wouldn’t be fair for us to give a precise answer to this query.

Most Cases Our South Fulton Accident Attorneys Handle Involve Moderate Injuries

For the most part, the cases our accident lawyers in South Fulton handle involved minor to moderate injuries. Our clients may have suffered broken bones or whiplash. Injuries such as this are typically covered by insurance.

If you happen to suffer something like a spinal cord injury or traumatic brain injury, your damages may be much higher.

What Kind of Insurance Does the Other Driver Have?

The other important piece of information your South Fulton accident attorney will need is the type of insurance the other driver has. For example, if they have commercial insurance, the limits are typically much higher.

Even if the defendant has personal auto insurance, they may have chosen higher policy limits. Of course, their premiums would be higher if they opted for higher limits. At the same time, they would decrease their chances of being found personally liable for damages.

There’s a Good Chance Your Car Accident Lawyer in South Fulton Will Settle Your Case

Regardless of whether you think insurance will cover your damage, your case will probably settle. Very rarely do these cases go to trial. Not only are trials expensive, but they are also time-consuming.

The time and resources that go into preparing for a trial are extraordinary. Your South Fulton accident attorney won’t be able to handle other cases while they work on yours. They’ll also have to spend money on things like expert witnesses and accident reconstruction specialists.

Car accident settlements depend on insurance coverage.

Most Insurance Companies Will Only Settle for an Amount Within the Policy Limits

One of the important things about settlements is that insurance companies have their own rules. If your accident lawyer in South Fulton is going to negotiate a settlement, it will have to be within the policy limits.

The other thing your South Fulton accident attorney knows is that the insurance company won’t settle if it means their insured may be sued for additional monies. Any settlement offer the defendant makes could be well below your full damages.

Worst Case, Your Accident Lawyer in South Fulton Will Sue the Other Driver Personally

There are times when your South Fulton accident attorney has no choice but to sue the other driver. It would be one thing if the policy limits covered 80-90% of your damages. However, if you are still out of pocket for a lot of money, you have no choice.

If your accident lawyer in South Fulton does sue the other party, there is still a good chance the case will settle. It doesn’t matter whether you’re dealing with the insurance carrier or the defendant. Most cases eventually settle before they go to trial.

It’s in Your Best Interests to Let Your South Fulton Accident Attorney Negotiate a Settlement

Some of our clients aren’t interested in settling their lawsuit. They insist that they want their day in court. What they don’t always realize is that it is not always in their best interest to go to trial.

Our South Fulton accident attorneys always explain this to their clients. The last thing anybody wants is for your case to go to trial only for you to lose. If this happens, you’ll walk away with nothing. So will your accident lawyer in South Fulton.

There is Always the Chance You Could Lose if You Go to Trial

When you go to trial, there is always the chance you could lose. It doesn’t matter how strong you and your South Fulton accident attorney think your case is. You have no idea how the judge or jury will interpret the facts of your case.

The other issue with going to trial is that you can never be sure what the defendant will say. They may have information that you’re not privy to. The last thing your accident lawyer in South Fulton wants is to be blindsided midway through trial.

Even if You Get a Judgment, You May Never See a Dime

Imagine that the insurance policy’s limits only cover half your damages. Your South Fulton accident attorney decides to sue the other driver personally for the difference. Halfway through the trial, the defendant’s attorney offers you a settlement.

If your lawyer declines the settlement, you may still win at trial. However, the judgment you receive may be worth less than the paper it’s printed on. If the defendant has no assets, your judgment may never be paid.

In a situation like this, it would be better for you if you agreed to settle the matter.

Don’t Wait Too Long to Discuss Your Case With a South Fulton Car Accident Attorney

Many people don’t realize it, but it is possible to settle your car accident claim early in the process. Even if your claim is denied, your accident lawyer in South Fulton can still work to negotiate a settlement.

This is why we suggest that you sit down with a South Fulton accident attorney sooner rather than later. This gives you a chance to find out if your claim is valid. Your attorney may even be able to give you an idea of what your case is worth.

Our firm offers new clients a free, initial contact for just this reason. Call our office and one of our agents can help schedule a time for you to come into the office.

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