What If the At-Fault Driver’s Insurance Isn’t Enough to Cover My Injuries?

What If the At-Fault Driver’s Insurance Isn’t Enough to Cover My Injuries?

As if the injuries, medical bills, missed work, and constant hassle after your car accident weren’t enough, you now have another problem to deal with: the driver who hit you doesn’t have enough insurance coverage. You may be facing thousands of dollars in medical expenses while the at-fault driver’s policy covers only a fraction of that amount. It can leave you feeling incredibly stressed and helpless.

Before you assume you’ll be left paying the difference, know that the at-fault driver’s policy limit is not necessarily the end of your options for compensation. Depending on the circumstances, you may be able to:

• File a claim under your underinsured motorist coverage.
• Pursue the underinsured driver directly for damages beyond their policy limits.
• Identify other potentially liable parties or insurance policies that could provide additional compensation.

At SAM LAW OFFICE LLC, we build a specific plan around your situation before recommending any settlement. If you’re struggling to get the compensation you need to move past this accident, we’re prepared to look at every available angle on your behalf.

What Does It Mean If the Driver Who Caused My Accident Is Underinsured?

A driver is underinsured when they carry liability coverage, but their policy limit falls short of your actual damages. For example, you may have $100,000 in medical expenses and other losses, while the at-fault driver only carries $25,000 in bodily injury coverage. The insurer generally will not pay beyond that limit simply because your losses exceed it.

This isn’t a rare situation. An estimated 18% of drivers nationwide carried insufficient coverage relative to injury claims in 2023, meaning more than one in six drivers on the road could leave an injured person short. Finding out the other driver’s coverage falls short can feel alarming, but it’s worth examining every possible source of compensation before assuming that policy limit is your ceiling.

What Is Underinsured Motorist Coverage?

Underinsured motorist (UIM) coverage is a type of auto insurance that pays the difference between your actual damages and what the at-fault driver’s policy covers. If the other driver carries only $25,000 in liability coverage but your medical bills and lost income total $80,000, your UIM coverage can step in to cover the remaining $55,000, up to your policy’s limit.

In Illinois, UIM coverage is not optional. State law requires all auto insurance policies to include it. The minimum required limit mirrors the state’s minimum liability coverage: $25,000 per person and $50,000 per accident. That said, minimum coverage does not always reflect what a serious injury actually costs. If your damages exceed both the at-fault driver’s limit and your own UIM limit, you may still face a gap.

To file a UIM claim in Illinois, you generally need to:

1. Exhaust the at-fault driver’s liability coverage first. You typically cannot access your UIM benefits until the other driver’s policy has paid its limit.
2. Notify your own insurance company promptly. Most policies require timely notice of a potential UIM claim, and delays can affect your right to recover.
3. Submit documentation of your damages, including medical records, bills, and proof of lost income.
4. Negotiate with your insurer or, if necessary, proceed to arbitration, which Illinois policies commonly require for UIM disputes.

For most people injured by an underinsured driver, their UIM coverage represents the single most direct path to closing the gap between what the at-fault driver’s policy pays and what the injury actually cost.

Can I Sue the Underinsured Driver for the Rest of My Damages?

If your UIM coverage falls short of your total damages, you may still have a claim against the at-fault driver personally for the remaining amount. In practice, though, this option rarely produces the result people expect. Drivers who carry minimum or low policy limits often lack the personal assets or income to cover a judgment against them. The legal right to sue and the practical ability to collect are two different things. Before pursuing that path, it is worth understanding what you are likely to recover and whether the time and cost of litigation is justified by what realistically exists to collect.

Could Someone Other Than the Driver Who Hit You Be Responsible?

Sometimes, the underinsured driver who hit you is not the only party responsible for your injuries. Depending on the facts, other parties or policies may be worth investigating:

• An employer, if the driver was working at the time, which could open access to commercial liability coverage.
• A separate vehicle owner, which could bring another insurance policy into play.
• A vehicle manufacturer or parts supplier, if a defect contributed to the crash.
• A government entity, if a road defect or poor maintenance played a role.
• Other drivers involved in a multi-vehicle collision.

Not all of these will apply to your situation. A car accident attorney can investigate and identify every available source of recovery.

What Should I Do Before Accepting a Settlement That Exhausts the At-Fault Driver’s Coverage?

When the at-fault driver’s coverage falls short, their insurance company will likely push you to accept whatever their policy allows and close the claim quickly. Before you agree to anything, take the time to understand the full scope of what you’re owed. That includes:

• Future treatment costs, lost wages, and reduced earning capacity.
• Whether you carry underinsured motorist (UIM) coverage and what its limits are.
• Whether other parties or policies warrant investigation.
• What accepting this settlement means for any remaining claims.

A quick settlement may benefit the insurer. It rarely benefits you. Before you sign anything, make sure you have a complete picture of your options.

Get a Clear Picture of Your Options

Getting hit by an underinsured driver is frustrating, and the financial pressure that follows can feel immediate and serious. But before you assume you have to cover the difference yourself, it’s worth taking a hard look at the full insurance and liability picture.

At SAM LAW OFFICE LLC, we review the available coverage, identify potential sources of compensation, and build a plan around your specific case. Schedule your strategy session to find out what options are actually available to you.