Car crashes turn life upside down. Bills stack up, the phone keeps ringing, and then you learn the at-fault driver’s insurance is tiny compared to your losses. If this sounds familiar, you are not alone.
Zweben Law Group in Stuart, Florida, focuses on helping injured people get paid for what they have lost. For more than 25 years, our team has guided Floridians through car accident claims, from simple fender benders to complex, high-loss cases.
In this article, we cover what to do when your claim is bigger than the other driver’s insurance and where extra compensation can come from.
Florida Car Insurance Requirements
Florida requires all drivers to carry auto insurance, yet many people carry only the bare minimum. That choice often becomes a problem after a serious crash since big medical bills can outpace coverage in a hurry. Knowing what the other driver bought helps you judge whether their policy can truly cover your losses.
At a minimum, Florida policies include $10,000 in property damage liability and $10,000 in personal injury protection. Bodily injury liability coverage is not required for most drivers, which means the at-fault driver might have little or no coverage for your injuries. You can also buy uninsured or underinsured motorist coverage, but the law does not require it.
To push for a fair settlement, it helps to confirm the other driver’s limits early. Your case value and negotiation approach often hinge on those numbers.
| Coverage Type | Required in Florida | Typical Minimum Limit | What It Pays |
| Personal Injury Protection, PIP | Yes | $10,000 | Portion of your medical bills and lost wages, no matter who caused the crash |
| Property Damage Liability, PDL | Yes | $10,000 | Damage you cause to someone else’s vehicle or property |
| Bodily Injury Liability, BIL | No | Varies, but none required in FL | Injuries you cause to others, if purchased |
| Uninsured or Underinsured Motorist, UM/UIM | No | Varies, but none required in FL | Your injuries when the at-fault driver has little or no BIL |
With that framework in mind, let’s look at your next steps when the numbers do not add up.
Initial Steps When Your Claim Exceeds Policy Limits
Sometimes, your medical care, lost income, and vehicle loss go far beyond the at-fault driver’s policy. Insurance limits represent the most the company will pay for the event, not the true value of your harm. The driver who caused the crash still owes the balance, even if their insurer is tapped out.
Quick action protects your claim and keeps options open. Here are simple steps that help:
- Ask for written confirmation of the at-fault driver’s limits and how much remains unpaid.
- Collect all medical bills, receipts, and records, then keep them in one folder or shared drive.
- Track lost wages with pay stubs and employer notes.
- Do not sign broad releases or final settlements before you know all coverages on the table.
- Speak with a Florida injury attorney early since timing can affect leverage and results.
Once you size up the gap, the focus shifts to other insurance and legal paths to cover the rest.
Options for Recovering Compensation Beyond Insurance Limits
You are not stuck with the at-fault driver’s limits alone. Florida law and common policy add-ons create several routes to fill the shortfall.
Personal Injury Protection (PIP)
Florida’s no-fault rules mean you first use your PIP, which pays a portion of medical bills and part of your lost wages. The standard cap is $10,000. PIP does not cover everything, but it can help pay early treatment while other claims move forward.
If your injuries are serious, you can pursue non-economic damages like pain and suffering once you meet Florida’s injury threshold. That step depends on medical opinions and the facts of your case.
Uninsured/Underinsured Motorist (UM/UIM Coverage)
UM or UIM coverage steps in when the at-fault driver has no BI or not enough of it. This coverage can pay for medical care, lost income, and human losses like pain and suffering. You bought it for exactly this worst-case scenario.
UM/UIM claims often follow the same proof as a standard injury claim, so evidence of fault and injury still matters. Your attorney can help line up records, reports, and witness statements.
Filing a Car Accident Lawsuit
If insurance is not enough and the at-fault driver refuses to pay the rest, a lawsuit can be filed. Car accident cases rest on negligence, which means showing a careless act caused your injuries and losses. The case can include medical costs, future care, lost income, and non-economic damages.
Cases with permanent injuries generally allow a broader range of damages under Florida law. Many suits settle before trial once the full picture is clear.
Pursuing Other Potentially Liable Parties
Sometimes, more than one party played a part in the crash. Adding all responsible parties can increase the funds available to you.
- Vehicle owner, if they entrusted the car to the driver.
- Employer, if the driver was on the clock.
- Manufacturer or parts maker, if a defect contributed to the crash.
- Bar or restaurant in certain drunk driving cases under Florida’s dram shop rules.
A careful investigation often reveals paths that are not obvious on day one. That is why we push to gather photos, videos, data, and witness names as soon as possible.
Suing the At-Fault Driver Directly
You can sue the at-fault driver to recover the unpaid balance from their personal assets. This route works only if they have income, property, or other assets. If they do, judgments can lead to liens or payment plans. However, this can be tricky and costly, and ultimately, even if you do get a large judgment, it can be difficult or impossible to collect.
Umbrella policies are sometimes found during this process. Those policies sit above standard auto coverage and can provide extra funds, however, when the at fault party has no BI or a small policy, typically there are no umbrella policies available.
Negotiating with Medical Providers
When bills are high, your lawyer can ask providers to reduce balances or accept delayed payments from future settlements. Hospitals and clinics often prefer a fair reduction rather than long collection battles. Lowering what is owed can put more of the recovery in your pocket.
This step pairs well with active negotiations against insurers since every dollar saved on bills stretches the recovery further.
How a Florida Car Accident Attorney Can Help
Claims that outgrow policy limits need a steady plan and a strong record of proof. A Florida car accident attorney can make a real difference at each stage of the process.
- Spot extra sources of recovery, including UM/UIM, employer coverage, or product claims.
- Negotiate with insurance carriers for a fair settlement that reflects the true value of your losses.
- File suit and stand up for you in court if talks stall or liability is denied.
- Coordinate care, secure medical records, and document the full impact on your life and work.
In rare situations, an insurer that refuses to settle within clear limits risks exposure for more than the policy. An attorney can evaluate whether conduct like that is in play in your case.
Contact Zweben Law Group for a Free Consultation
At Zweben Law Group in Stuart, we work hard for injured people and their families. Our team is local, responsive, and focused on personal injury cases day in and day out. If your claim looks bigger than the other driver’s coverage, let us review it for free.
Feel free to call 772-223-5454 or reach us through our Contact Us page. We welcome your questions, and there are no fees unless we win. Our goal is simple: help you get the compensation you need to move forward.
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