What if There is Insufficient Insurance to Cover My Damages?

 Posted on December 27, 2024 in Personal Injury

Being involved in an automobile accident can turn your world upside down. As if being hit by a negligent driver is not bad enough, what if you find out that the other driver does not have enough insurance to cover all your damages? Does this mean you are stuck dealing with the aftermath of severe injuries on your own? What about your medical expenses, lost wages, and pain and suffering? This can be a difficult, dark time for you.

Through no fault of your own, you are left with injuries that may not fully heal for a very long time – or ever – and cannot work and make a living for yourself and your family. If you find yourself in such an untenable situation, it is important to speak to a knowledgeable Lombard, IL personal injury lawyer who can help you explore every option for getting the settlement you need and deserve.

What Are Catastrophic Injuries?

Auto accidents can change lives instantly, particularly those involving semi-trucks, motorcycles, high speeds, or head-on collisions. Catastrophic injuries are those that will bring challenges and medical expenses for years or for a lifetime. Catastrophic injuries include:

• Permanent vision or hearing loss
•  Loss or severe damage to an organ
• Traumatic brain injuries
• Amputation of a limb
•  Severe burns
• Permanent scarring or disfigurement
• Spinal cord injuries leading to paralysis

A person with catastrophic injuries will experience loss of income, whether for many months or permanently. The injured person may also need a full-time caretaker, which could be a spouse. If this is the case, that spouse also has no income. Medical expenses often last a lifetime for those with catastrophic injuries.

As an example, a spinal cord injury causing tetraplegia can cost more than a million dollars in the first year alone. Add to this the cost of long-term rehabilitation, necessary modifications to a home, medical equipment, and psychological support.

What Are Your Options When There is Insufficient Insurance?

What are your options if the negligent driver who hit you has inadequate insurance – or no insurance? Each state has minimum requirements for auto insurance. In Illinois, those requirements include $25,000 for the injury or death of one person in a crash, $50,000 for the injury or death of more than one person in a crash, and $20,000 for property damage per crash.

Though many states do not require motorists to carry uninsured/underinsured insurance, Illinois requires the purchase of uninsured motorist coverage of at least $25,000 per person and $50,000 per accident. Underinsured motorist coverage is included if you purchase higher limits of uninsured motorist coverage. If you carry uninsured/underinsured motorist coverage, and the person who hit you only carries the minimum requirements, you can file against your own insurer after the negligent driver’s insurance has been exhausted.

Even those who carry uninsured/underinsured motorist coverage could exhaust both insurance coverages quickly if the injuries are catastrophic. If this is true in your case, your options become much more limited. You could potentially sue the other driver for expenses related to the accident that insurance does not cover. Unfortunately, most drivers who carry only minimum insurance requirements will not have an abundance of assets.

Contact a DuPage County, IL Car Accident Lawyer

Being in a situation where there is insufficient insurance to cover your injuries can make you feel hopeless and helpless. It can be beneficial to speak to a Naperville, IL auto accident attorney who can help you explore every avenue for recovery. When you choose Mevorah & Giglio Law Offices, our attorneys will advocate for you every step of the way. We have offices in Lombard, Bloomingdale, and Naperville and offer Saturday and evening appointments for your convenience. Call 630-932-9100 today to schedule a free case evaluation.