What Happens if Your Medical Bills from a Car Accident Exceed Your Policy Limits in Illinois?

On Behalf of Johnston Law Offices P.C.   |   Dec 17, 2024   |   Car Accidents ,

Insurance policy limits have the potential to cap the amount of compensation you receive for your injuries after a car accident. In a worst-case scenario, you might have extensive medical bills that insurance doesn’t cover. What happens then?

Exceeding the At-Fault Driver’s Policy Limits

In Illinois, the person who causes a car accident is financially responsible for its consequences. As such, your first source of compensation for your injuries will be the other party’s insurance policy. While you have no control over the policy limits of another driver, you have several options for covering your medical bills in this scenario, including the following:

  • Personal Assets of the At-Fault Driver – One option is to file a personal injury lawsuit against the at-fault driver. Through a lawsuit, you can recover compensation for your injuries from the driver’s personal assets. Be aware, though, that drivers who have limited insurance policies rarely have substantial personal assets to go after.
  • Underinsured Motorist Coverage – Another option is to file an underinsured (or uninsured, if the driver had no insurance) motorist claim with your insurance provider. Underinsured motorist coverage is mandatory and exists for this exact scenario when the at-fault driver’s insurance policy isn’t sufficient to cover your losses.
  • Health Insurance – You can also file a claim with your own health insurance to pay for the cost of your medical care. Doing so is not ideal, as claims are subject to co-pays and deductibles. However, it can prevent you from having to pay out of pocket for the full cost of any healthcare not already covered by the at-fault driver’s auto insurance policy.
  • Identifying Other At-Fault Parties – Depending on the circumstances, other parties may also be responsible for the accident. For example, if the driver who hit you was running an errand for their employer, that company could be liable for the accident. An attorney can review your case and assess whether you have compensation options available to you other than the driver who hit you.

Avoiding Policy Limit Issues

One of the best ways to avoid policy limits capping your recovery is by identifying multiple liable parties. The more parties there are for you to spread your damages across, the less of an impact any one insurance policy limit will have on your recovery.

If you were in a multi-vehicle accident, more than one driver may be liable for your injuries. Or if you were in a single-vehicle accident, poor road maintenance or a defective vehicle part could mean the local government or vehicle manufacturer is partially liable for your injuries. Again, discussing your case with an attorney is your best way to determine if you have other avenues available to you for seeking fair compensation.

Contact an Illinois Car Accident Attorney

If you suffered an injury in a car accident in the Edwardsville area and have concerns about how insurance policy limits may impact your claim, contact Johnston Law Offices P.C. for a free consultation with one of our compassionate car accident lawyers. We’ll explain your legal options and help you seek the full amount of compensation available to you.