Many people purchase only the minimum required car insurance coverage. If you have been in an accident due to another party’s fault, simply because they have insurance does not mean they are enough to cover all your damages. Most car accident cases exceed the allowable coverage, leaving you wondering how you will pay for the rest.
The good news is that there are other ways to recover compensation above the at-fault driver’s policy limits. It is essential to discuss your situation with an Ontario injury lawyer to understand your options.
You can sue more than one defendant.
If you did not know, you could sue more than one defendant in a car accident case. In some accidents, more than one party may be at fault for your injuries. In such cases, if two liable parties have a policy limit of $50,000, you can recover compensation of $100,000.
There are two common situations where more than one defendant is at fault:
- Vicarious liability cases: This refers to when the at-fault party acted on behalf of another party. For example, a doctor responsible for medical malpractice worked for a hospital.
- Multi-car pileup: In a multi-car pileup, more than one vehicle is responsible for causing injuries to the victim.
Sue the defendant personally
One way to recover compensation from the defendant is to file a claim with their insurance company. However, if the amount falls short of paying the damages, you can sue the defendant personally to get additional compensation. In this case, the defendant’s personal assets, such as land, jewelry, vehicles, or cash, are used to pay for your damages.
However, such cases are often not successful because it is unlikely that a person who does not have enough insurance funds will have assets or income to pay the damages. Still, it does not hurt to give it a try. An attorney should explore every option to recover compensation. They can also determine whether filing a personal lawsuit is worth the time and money.
Filing a claim against a third party
There are certain rare situations where a third party who was not directly involved in the accident was at fault. For example, a product manufacturer of the vehicle must have made a mistake that led to the accident. Or, a government entity in Ontario may be responsible for the road’s poor condition.
If there were potholes on the road where the accident happened, or the road was not in a condition, you could also sue a government entity. However, such cases can be complex. Work with an experienced attorney to make sure the process goes smoothly.