Last updated: August 2026
Car insurance usually covers the costs of a car accident, but sometimes the expenses exceed the insurance limits. This usually happens when there’s clear proof of serious injuries and significant losses. It isn’t very common, but it can happen.
The average full-coverage car insurance policy in the US now costs around $2,273 a year, according to Experian. Most drivers carry that amount believing they’re fully protected, but even a well-insured driver can find their policy limits aren’t enough after a serious crash.
Our personal injury lawyer in Chicago might be able to assist you in getting fair compensation, depending on what happened in your situation.
What Happens When Car Accident Claim Exceeds Insurance Limits?
If the cost of a car accident claim exceeds your insurance limits, you might need to pay the extra expenses yourself. This doesn’t happen often, but when it does, it’s because the injuries or losses are severe. It’s essential to carry enough insurance to cover potential costs and avoid ending up with unexpected bills if something goes wrong on the road.
How Do I Get Compensation Above Insurance Limits?
Lawyers generally have four ways to help clients recover more than what’s available under the at-fault driver’s insurance policy, though it doesn’t happen often since insurance companies rarely agree to pay beyond the policy’s stated limit voluntarily.
- Negotiate with the At-Fault Party: Try to negotiate directly with the person responsible for the accident or their insurance company. They might agree to pay more voluntarily.
- File a Lawsuit: If negotiations don’t work, you can file a lawsuit against the at-fault party. This involves taking legal action, and it’s recommended to consult with an attorney to guide you through the process.
- Personal Assets of the At-Fault Party: If you win a lawsuit and the at-fault party has personal assets, the court may order them to use their assets to compensate you.
- Underinsured Motorist Coverage: Check whether you carry underinsured motorist coverage on your own policy. This coverage can fill the gap when the at-fault party’s insurance isn’t enough.
What Are the Chances of a Claim Exceeding Insurance Limits?
The chances of an accident claim exceeding insurance limits are low, but it can happen depending on how serious the injuries or damage are. Most of the time, insurance is enough to cover a regular accident, like fixing your car or paying medical bills. But if the accident is severe and expenses exceed what your insurance can handle, you may need to pay the extra amount yourself.
Always check your insurance policy to understand what it covers, and consider carrying enough coverage to match the potential cost of a serious accident.
What Car Accident Injuries Can Exceed the Insurance Claim Limit?
Certain injuries are more likely to push costs past what insurance normally pays:
- Severe Injuries: Traumatic brain injury, spinal cord damage, multiple fractures, loss of a limb, or severe burns can generate medical expenses that quickly surpass the insurance claim limit.
- Extensive Medical Treatment: Prolonged, costly treatment, surgeries, rehabilitation, and ongoing therapy, can exceed insurance coverage even for injuries that don’t sound catastrophic on paper.
- Long-Term Care Needs: A condition requiring long-term care, such as permanent disability or ongoing nursing support, can escalate costs well beyond what any standard policy covers.
What Is the Maximum Amount I Can Receive from Car Insurance?
The maximum you can recover from car insurance depends on the coverage you (or the at-fault driver) carry. Different parts of a policy have their own limits, one for property damage, one for bodily injury, and if your own car is damaged, that coverage pays up to a set amount minus your deductible. Check the declarations page of the relevant policy to see the exact limits that apply to your claim.
Talk To Our Lawyers About Your Case
If you’re in a car accident in Chicago and your claim exceeds the insurance limit, you might have to cover the extra cost yourself, or you might not, depending on what coverage and legal options are actually available to you.
Talk to our car accident lawyers, who handle these cases regularly. They can walk you through your options and help you pursue every source of compensation you’re entitled to. Contact us now at (312) 346-4262.
Frequently Asked Questions
Can I sue the at-fault driver personally if their insurance isn’t enough?
Yes. A lawsuit can target the at-fault driver’s personal assets beyond their insurance policy, though collecting from someone without significant assets can be difficult in practice, which is part of why underinsured motorist coverage matters.
What’s the difference between uninsured and underinsured motorist coverage?
Uninsured motorist coverage applies when the at-fault driver has no insurance at all. Underinsured motorist coverage applies when they have insurance, but the policy limit isn’t enough to cover your damages. Both are add-ons to your own policy, not the other driver’s.
Also Read:
How To Win a Left Turn Accident
What Happens If You Don’t Exchange Information After An Accident?
