Washington is one of the majority of states with fault-based car accident laws requiring an accident victim seeking compensation for their damages to file a claim against the at-fault party’s insurance, but what if your damages far exceed the at-fault driver’s insurance policy limits?
According to the Washington State Department of Licensing, Washington drivers need only carry $25,000 in bodily injury coverage per person, $50,000 in total bodily injury coverage per accident, and $10,000 in property damage coverage. These limits restrict the injury victim to a settlement within the policy limits, but do not preclude them from other compensation options in their case.
Do Insurance Companies Ever Pay Beyond the Policy Limits?
An insurance company does not voluntarily pay an injury victim more than the policy limits. Only under specific circumstances does this occur. For instance, if an insurance company violates the terms of the policyholder’s contract by wrongfully denying, disputing, delaying, or undervaluing a claim, an injury victim can file a bad-faith insurance lawsuit against the insurance company. Depending on the jury’s decision in the lawsuit, a car accident victim could be awarded additional compensation for the distress of the insurer’s actions and an award for punitive damages. This process takes time, but often results in compensation that significantly exceeds the original policy limits.
Common Damages In Washington Car Accident Claims
Damages add up quickly after a car accident, especially when it causes serious injuries. Unfortunately, many Washington drivers carry only the minimum policy requirements, which may not cover the full scope of common car accident damages, such as:
- Reimbursement for your medical expenses
- Anticipated future medical expenses for further required injury care or physical therapy
- Out-of-pocket injury-related costs
- Lost earnings
- Future income loss or reduced future earning ability due to disability
- Compensation for pain and suffering
- Catastrophic injury compensation for permanent harm
In the worst outcomes, a car accident claim can result in wrongful death damages to a grieving family. While some drivers choose additional liability coverage, most Washington drivers save on monthly premiums by carrying only the minimum required coverage.
Do I Have Options Beyond the Policy Limits After a Car Accident?
If your medical expenses and lost earnings are extensive after a car accident, your trusted Marysville car accident attorney will send a policy-limit demand letter to the insurance company along with compelling evidence of the at-fault driver’s liability. While the policy limits restrict the amount available in a settlement, an experienced car accident lawyer explores all avenues to recover further compensation. Depending on the circumstances of the case, an attorney on your side may pursue the following additional options:
- Filing a claim against your uninsured/underinsured motorist policy if you have this valuable coverage
- Filing a claim against an umbrella policy belonging to the at-fault party, for instance, one that they added as an additional liability layer to their home insurance
- Filing a claim against a third party who contributed to the accident, such as a negligent road maintenance agency that left a hazardous condition
- Filing a product liability claim against the manufacturer of a defective airbag or malfunctioning seatbelt if it added to the severity of your injury
Washington’s system of pure comparative negligence means any party who causes or contributes to an accident may be held liable for a portion of the damages. An assertive Washington car accident lawyer seeks the full policy limits and assertively pursues all available options to recover the maximum compensation available to you.