A policy limit is the maximum amount of money an insurance company is required to pay out in compensation in a personal injury case. Insurance companies are contractually and legally obligated to pay for the damages their policyholders are liable for — up to a point. Once your economic damages and non-economic damages exceed the policyholder’s policy limits, the insurance company does not have to pay you any more.
Policy Limits Under Different Plans
The policy limits under the plan you are making a claim against depend on where you were injured and the nature of your accident. If you were injured in a car accident, the other driver is likely to have a $25,000 limit per person injured and a $50,000 limit per accident, the minimum requirements under both Illinois and Missouri law.
In a truck accident, medical malpractice or product liability claim, the liable party is likely to be covered by hundreds of thousands, if not millions, of dollars.
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In any case, whether or not your damages will be covered under an insurance plan depends on the severity of your injuries and that plan’s policy limits.
How to Get More Than the Policy Limit
If your damages exceed the policy limits, there are some avenues through which you can seek more money in order to be fully compensated:
- You can file an underinsured claim under your own coverage.
- Your attorney can determine if there are other at-fault parties responsible for your injuries, and file claims against them.
- Sometimes, the defendant has an umbrella policy that has additional coverage.
- You can file a lawsuit against the defendant themselves, for example, the other driver in a car accident, in addition to filing a claim against the insurance company. This may or may not be effective, as the liable party may not have the income or assets to fully compensate you.
- In Missouri, you can file a claim with the Tort Victims’ Compensation Fund, which compensates people for their injuries if the negligent party had little to no insurance or went bankrupt.
If your damages exceed an insurance plan’s policy limits, or you are having other problems collecting compensation for your injuries, it is best to consult with a personal injury attorney to discover how to best proceed.
Client Reviews
What our clients are saying about us
Juanita Matthews
Year of 2023
This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!
Shaunda S.
7 months ago
I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.
Emelia M.
3 months ago
Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.
Helen L.
a year ago
We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!
Judy M.
a year ago
They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!
Chelsea C.
5 months ago
Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.
David D.
2 months ago
Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.
Lisa B.
11 months ago
Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!