How Personal Injury Lawyers Find Additional Insurance After a Serious Accident

When you have just been overwhelmed by a serious or catastrophic injury in a car accident, finding out that a driver has only $100,000 in liability coverage can be a huge shock, and frankly, distressing to hear. Seriously injured victims are not only facing medical bills, but also lost income. Many may not be able to go back to work. Others may need extra money to prepare for long-term medical needs.

An experienced personal injury lawyer can help you look for other insurance policies that can pick up the slack. Going beyond that, they can look for employer or commercial insurance, umbrella coverage or underinsured motorist benefits that may not be apparent. In serious injury accidents, identifying every policy and every defendant can be really important to get the maximum compensation possible for injured victims and their families.

Why Finding Additional Insurance Matters in Serious Injury Cases

This really matters if you’ve suffered serious injuries because the damages you face are much bigger, too. When it’s a minor accident, the at-fault driver’s policy may be enough to cover more or less all of your losses. But serious injuries like traumatic brain injuries, spinal cord damage, amputations, etc., may lead to multiple surgeries, permanent disabilities or the need for rehabilitation and long-term care. In addition, these injuries may reduce your earning capacity, cause physical pain, emotional suffering and loss of life’s enjoyment.

For example, if your estimated damages are $1 million, but the responsible driver only has $100,000 in liability insurance, it doesn’t mean that your case is only worth $100,000. Before you come to that conclusion, it’s important that a lawyer looks into what other coverage is available. Additional sources may include policies or coverage linked to another vehicle, family member, employer and so on. Finding this extra coverage can make the difference between financial distress and a secure financial future for many accident victims and their families.

Start with the Driver and Vehicle’s Primary Insurance

Your lawyer will likely start by identifying the responsible driver’s insurance coverage. These details are usually available when you exchange information with the driver at the accident scene. The vehicle registration can also help you find out who owns the vehicle and the policies attached to that vehicle or owner.

Attorneys may look at the policy declaration page that identifies the insured people, vehicles that are covered, the policy period and the coverage limits. If this information is not readily available, your lawyer can ask for it during discovery or other formal requests for documents. While this initial review helps establish who or what the primary source of coverage is, it doesn’t necessarily pin down every policy that can apply to your case.

The Driver and Vehicle Owner May Be Different People

In some cases, the person who is driving the vehicle may not be the owner. The vehicle may be:

· Borrowed from another person

· Belong to a family member

· Belong to an employer

· Leased or rented

· Registered to a business

So, your attorney will look into who was driving the vehicle and also who owned or controlled the vehicle as they try to determine which insurance coverage can help compensate you.

Was the At-Fault Driver Working at the Time of the Crash?

One of the first things an injury lawyer will investigate is why the at-fault driver was on the road at the time of the crash. The answer to this question could affect which insurance policies can apply to your case. For example, the driver may have been:

· Making a delivery or picking up something for their employer

· Going to meet a customer

· Driving between job sites

· Moving tools, materials or other equipment

· Driving a vehicle owned or provided by the company

· Running an errand for their employer

If the driver was on the job at the time of the crash, it means the driver was “acting within the scope of employment.” When this fact is established, the employer and their insurance company could also be held liable for your injuries. Your lawyer will not only look at the responsible driver’s special assignment, purpose and trip route, but also other facts including their employment relationship.

Commercial Insurance Can Change the Coverage Picture

Commercial auto insurance policies usually have much different coverage limits compared to individual policies. For example, a driver’s personal auto insurance policy might provide $100,000 in liability insurance coverage. But a company or employer’s commercial policy might have $1 million. This difference can become significant when the accident results in serious injuries.

But, just the fact that the driver had an employer doesn’t mean much in a personal injury case. The driver may have been commuting to or from work, making a personal trip or doing something else which may not be considered within the scope of employment. So, what the driver was doing at the time and what insurance policies apply, will matter a lot when determining what coverage may be available to you.

Lawyers Look for Umbrella and Excess Insurance Policies

When you’ve suffered a serious injury, your lawyer may look beyond the at-fault party’s main insurance policy to determine if any other coverage is available. A primary liability policy typically pays up to policy limits. An umbrella or excess policy may provide additional coverage after those policy limits are exhausted. This, of course, would depend on the policy’s terms.

For example, if a person has a primary liability insurance policy with a $250,000 policy limit and a separate umbrella policy with $1 million in additional coverage, the potential insurance coverage available there could reach $1.25 million. You cannot spot umbrella coverage in a regular insurance card. Also, such a policy may be issued by a different company, which means you may not find it in the initial paperwork. So, locating such insurance coverage often takes more thorough investigation. Lawyers may also get this information through formal disclosure or discovery procedures.

The Injured Person’s Underinsured Motorist Coverage May Provide Another Layer

Underinsured motorist coverage is another type of insurance that can really help when the at-fault driver doesn’t have enough liability insurance to fully cover your damages. In such cases, you may be able to make a claim under your own underinsured motorist coverage seeking extra compensation.

For example, if you have $500,000 in damages, but the at-fault driver has only $100,000 in liability coverage, your underinsured motorist coverage may serve another source of compensation. The amount you can get through this coverage could depend on policy limits, the language of your policy, state law, etc.

Making an underinsured motorist claim does not mean that you are in any way responsible for the accident. This type of coverage is merely meant to protect the injured person when another driver’s available liability insurance is just not enough to cover the damage.

Delivery, Commercial or Rideshare Vehicles Can Create Additional Coverage

When a serious injury crash involves Amazon or other delivery vehicles or rideshare companies like Uber or Lyft, it is very likely you’ll find more coverage. Whether or not you get that coverage could depend on whether:

· The app was off

· The driver was logged in and waiting for the ride or delivery

· The driver had accepted the ride or delivery, but had not completed it

· A passenger was in the vehicle or the delivery was already happening when the crash occurred

These details can be very important because they could determine whether or not the company’s commercial insurance will kick in.

Additional At-Fault Parties Can mean Additional Insurance

An injury lawyer will also look for other parties that might have caused your crash – whether it’s a person, business or an entity like a governmental agency. This is important because each defendant may come with a separate insurance policy, which could all add up.

Another driver: In a crash involving several vehicles, more than one driver could have contributed to the collision. If that’s the case, each driver’s insurance policy could become a source of coverage.

A business or employer: If a driver who caused the crash was on the job, their employer could also be held liable. That business may have commercial insurance or another policy that may not appear on the driver’s documents.

Vehicle or product manufacturer: If a defective vehicle or part caused the crash, the manufacturer of the vehicle or defective part can also be held liable. And a product or part maker might have their own insurance policy.

Property owner or contractor: In some cases, dangerous roadway conditions or negligent maintenance may also result in crashes. They may have their own insurance policies

How Personal Injury Lawyers Actually Find These Policies

To get to these policies, lawyers often have to dig below the surface. They may have to look at:

· Police reports and vehicle ownership files

· Employment and business records

· Driver logs, delivery records and rideshare app records

· Agreements between businesses

· Insurance declarations and policy details

· Discovery and depositions

Attorneys may also ask a lot of questions that might reveal more information such as:

· Who owned the vehicle?

· Where was the driver going and why?

· Was the driver being paid by someone?

· Was the vehicle used for business or personal use?

· Did another company control the driver’s work?

· Were umbrella or excess policies available?

· Did another party cause the accident?

Finding Insurance Does Not Mean the Insurer Will Automatically Pay

Just because your lawyer finds additional insurance policies, it does not mean that the insurer will automatically pay you. Disputes might still arise about whether that policy applies to your case, if the insured party was actually negligent and whether a driver was on the job at the time of a crash.

So, identifying additional insurance is only one part of investigating an injury case. A lawyer will still need to establish fault, liability, damages and coverage before you get fully compensated for your serious injuries.

Example: A $100,000 Auto Policy is Not Always the End of the Investigation

If a person has been seriously or catastrophically injured in a crash and the initial insurance information only shows $100,000 in coverage, most tend to assume that’s all the coverage that’s available. Now, if the driver was on the job at the time of the crash and the driver’s employer carries $1 million in commercial liability insurance and a $2 million umbrella policy, that adds to the victim’s compensation. The injured driver might also have underinsured motorist coverage.

Again, this doesn’t mean every policy will pay the victim. Coverage will depend on the facts of the case and whether coverage requirements are satisfied. One may also have to deal with disputes over liability, coverage or case value. So, accepting a $100,000 policy at face value could mean you are leaving additional available coverage on the table.

Frequently Asked Questions

Can more than one insurance policy cover the accident?

Yes, in addition to the at-fault driver’s policy, umbrella, excess, commercial or underinsured motorist policies may also be available to provide extra coverage, especially in serious or catastrophic injury cases.

How does a lawyer find out whether someone has umbrella insurance?

A lawyer can gather this information from policy documents, insurance disclosures, discovery, depositions and other available records. An umbrella policy may be issued by a different company and may not appear on a regular insurance card.

What happens if the person who hit me does not have enough insurance?

In such cases, your own underinsured motorist coverage could help give you that additional compensation. But, the amount available to you depends on your policy limits, what the policy states and other details.

Can the driver’s employer’s insurance pay for a crash?

Yes, if the driver was on the job at the time. Whether that insurance applies could also depend on the employment relationship between the driver and the business in addition to other factors.

Can several defendants’ insurance policies contribute to one injury claim?

This could potentially happen when multiple parties have contributed to one accident, but each may have separate insurance coverage. These cases can be complicated and require an experienced personal injury lawyer who can help navigate the complexities.

Serious Accident Cases Often Require a Broader Insurance Investigation

When you’re in a crash, the insurance details you exchange with other parties is just the first step. It may not give the complete picture of what insurance coverage is available. When you’ve suffered serious injuries, your accident may involve several potential coverage sources including the driver’s or vehicle owner’s insurance, employer or commercial insurance, umbrella or excess coverage and underinsured motorist coverage. Looking beyond complex factors and identifying available compensation may call for a broader investigation.