Can you sue for more than policy limits in Washington? You can sue for the full value of your damages if they exceed policy limits. You may be able to secure compensation through a personal lawsuit, other insurance policies, or filing against the insurance company.
A Washington personal injury lawyer can help you explore the possibilities and work toward the most favorable result.
When You Need More Than Policy Limits Provide
Under the system of pure comparative fault in Washington State, you can sue for accident-related damages even if you are largely responsible for the incident. You will see a compensation reduction according to your percentage of fault. Still, even if you bear no fault for the accident, the at-fault party’s insurance policy limits may not be enough to cover your losses.
It is difficult to overestimate the impact of a spinal cord injury on your life. You could be left paralyzed and unable to work. You may need constant care and rely on expensive medical equipment to keep you alive. Your emotional well-being and enjoyment of life also plummet, and though these losses do not have a price tag attached, they hold extreme value.
Even less serious injuries come at a high cost. One surgery can deplete a bank account. Weeks or months of lost wages can wipe out an emergency fund. An experienced Washington personal injury attorney is here to help if you need to sue for more than policy limits can provide.
For a free legal consultation, call (801) 266-0999
How Minimum Insurance Requirements in Washington Affect Your Situation
Washington has mandatory insurance requirements for all registered vehicles. Liability policy minimums are $25,000 for injury or death of one person in an accident, $50,000 for two people, and $25,000 for property damage. Policy limits may suffice if you are not too seriously injured and your vehicle is not too damaged.
Of course, motor-vehicle crashes are not the only type of accidents that cause injury. You may attend a social event at someone’s house. If they do not warn you of a known hazard, and that hazard causes you injury, you can hold the homeowner accountable. Through the Office of the Insurance Commissioner, you can learn how homeowner’s insurance works.
The at-fault party in your accident may have policies with more-than-minimum coverage, and that policy still may not be enough to cover your damages. Don’t assume you are out of options. Instead, connect with an attorney to see if you can sue for more than policy limits.
Filing a Personal Injury Lawsuit to Sue for More Than Policy Limits is One Possibility
An insurance company may reach out with a fast settlement in the days following your accident. They are likely hoping you will accept what they present as a generous offer before realizing the extent of your needs and the value of your losses. Don’t accept any offer without first connecting with an attorney.
Your lawyer will recognize the true value of your losses and continuing needs. Our team may get the insurance company to pay what maximum policy limits allow, but sometimes, even the maximum amount is not enough to provide justice and restore your losses.
You may file a lawsuit and sue for more than policy limits, but only if you file within the personal injury statute of limitations in Washington. For most accidents, this legal deadline is three years. Partner with an attorney quickly so there is time to investigate, determine what party or parties to hold accountable, and file accordingly within the deadline.
Suing the Negligent Party Personally
You may sue the at-fault party personally, demanding they pay compensation through their assets. If this party has significant bank accounts, real estate, or other valuables, this approach can work. If they don’t, you probably won’t get much relief.
Suing Multiple Negligent Parties
Your attorney’s accident analysis may show there is more than one negligent party. For example, you might be hurt in a drunk driving accident. You may have grounds to sue the driver and the restaurant, pub, or homeowner who overserved them and let them leave with their car keys.
Suing the Insurance Company
Washington has laws in place to protect victims from unfair insurance-company practices. Under the Revised Code of Washington RCW 48.30.015, you can fight back against an insurance company’s “unreasonable denial of a claim for coverage or payment of benefits.”
Companies that deny you what you deserve, even within their policy limits, could end up paying far more if your lawsuit is successful. Your attorney will be ready to hold insurance companies accountable for unlawful behavior.
Suing for Vicarious Liability
Sometimes, you have grounds to hold one party liable for another party’s actions. For example, parents may bear vicarious liability for damages caused by the child’s negligence. A more common scenario is holding employers vicariously liable for an employee’s negligence. Vicarious liability under RCW 18.86.090 establishes your right to sue.
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Other Paths of Compensation When Your Damages Demand More Than Policy Limits
Your Washington personal injury lawyer can also find out if there are other insurance policies that owe you coverage. The State does not require drivers to carry collision or uninsured motorist insurance, but those options still exist.
If you carry collision, that policy may cover your property damage. If you have uninsured motorist insurance, that policy may help mitigate your medical costs and income losses. Unfortunately, even your own insurance company is out to protect itself more than you. Your lawyer can review your policy and hold your company accountable for paying what they owe.
The at-fault party may have additional insurance coverage through “umbrella” or “excess” policies. The policy limits in these amounts may come closer to meeting your needs. Again, your attorney will fight for every dollar you deserve.
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We’re Ready to Fight for You
Accidents don’t follow rules. The damage they inflict may far exceed the at-fault party’s insurance policy limits. You should not be the one to fill in the financial gap.
A Washington personal injury lawyer from Siegfried & Jensen can help you sue for more than policy limits and fight for the full compensation you deserve.
Call or text (801) 266-0999 or complete a Free Case Evaluation form
