Most people assume that if they’re injured in a car crash, the other driver’s insurance will take care of everything. But in high-impact accidents involving serious injuries, multiple victims, or reckless behavior, the damages can quickly surpass the limits of a standard auto policy, leaving victims with unpaid bills and no clear next step.
At Tronfeld, West & Durrett, we’ve seen how often this happens and helped injured Virginians explore their options when damages exceed the at-fault party’s coverage. Today, our experienced car accident lawyers break down what you need to know about policy limits in Virginia, what happens when claims go beyond them, and how to protect your rights and financial future in these complex cases.
How Uninsured/Underinsured Motorist Coverage Can Help
When the at-fault driver’s liability insurance isn’t enough to cover your losses, your own insurance policy may offer additional protection. Virginia law requires insurers to offer uninsured and underinsured motorist (UM/UIM) coverage unless a policyholder declines in writing. This means most drivers already have access to coverage that could step in when another driver is underinsured.
Using your own policy’s UM/UIM coverage can help bridge the gap when a claim exceeds the other party’s limits. Under Virginia Code § 38.2-2206, this coverage must match your liability limits unless you’ve agreed to lower protection.
Increasing the Total Coverage Available
When the at-fault driver’s insurance isn’t enough to cover your medical expenses, lost income, and long-term care, it may still be possible to recover more than what their policy offers. Many Virginia drivers are unaware that they may be eligible to access additional compensation through other policies connected to their household or their own auto coverage.
Ways additional coverage might be triggered:
- Stacking policies within the same household, including those belonging to relatives or others listed on your policy
- Uninsured/underinsured motorist (UM/UIM) benefits that match or exceed your liability limits, which most Virginia drivers carry unless they opted out in writing.
- Umbrella or excess liability policies, which can supplement a primary auto policy when triggered properly
- Non-owner coverage if you were a passenger in someone else’s vehicle at the time of the crash
Each insurance contract has its own limits, exclusions, and notice requirements. That’s why having an attorney examine your declarations page, interpret your coverage options, and negotiate directly with insurers can make the difference between settling for far less or recovering what you’re legally entitled to receive.
For answers to your questions, call:
800-321-6741
Is More Than One Party Liable for Your Injuries?
Not every crash involves just one responsible party. When serious injuries are involved, it’s important to look deeper into who else may share liability.
For instance, if you were injured in a commercial vehicle accident, the employer may bear legal responsibility. Or if faulty brakes, tire blowouts, or other mechanical failures played a role, a manufacturer or maintenance provider could be held accountable. In some cases, poorly designed intersections or a lack of road signage may allow you to bring a claim against a government entity.
When injuries are substantial and a single policy won’t cover the damage, pursuing multiple parties can significantly increase your chances of full compensation. However, because Virginia still adheres to a strict contributory negligence rule, as outlined in § 8.01-58, proving you were not partially at fault is essential. Even one percent of blame can disqualify your entire claim.
Can You Sue the Insurance Company for Bad Faith?
In cases where the insurer has the ability and legal obligation to settle a claim but refuses to do so within policy limits, it may be acting in bad faith. While Virginia law doesn’t broadly recognize third-party bad faith claims the same way some other states do, certain scenarios can still open the door to legal action.
If an insurer knowingly denies a valid claim, delays payment without reason, or fails to properly investigate, your attorney may explore whether a bad faith lawsuit or a claim assignment (where the at-fault party assigns their rights to sue their own insurer) is a viable strategy. These cases are nuanced, but when successful, they can provide an additional path to compensation beyond standard policy limits.
What Happens if the At-Fault Driver Has No Assets?
Winning a personal injury lawsuit is only half the battle if the at-fault party has no meaningful income, property, or financial resources to satisfy a judgment. In these situations, courts refer to the defendant as “judgment-proof.”
In practical terms, this means you may technically win a large court award but collect little or nothing unless future wages can be garnished or liens placed on property. This is where working with an experienced personal injury attorney matters. Our firm can investigate whether the defendant has collectible assets or whether pursuing alternative compensation sources (such as UM/UIM coverage or third-party liability) would be more productive.
We also help clients understand when a structured settlement or negotiated payment plan might offer the only realistic path to recovering at least part of their losses.
Alternative Legal Options After a High-Damage Car Accident
When traditional insurance routes don’t fully cover your injuries, other legal tools may come into play. In addition to filing lawsuits against other responsible parties, you might consider:
- Structured settlements, where the at-fault party (or their insurer) agrees to pay compensation over time, rather than in a lump sum.
- Subrogation or assignment of claims, in which your insurance company pays your damages and then seeks repayment from the at-fault party.
- Negotiated settlements with limitations based on the defendant’s income, assets, and ability to pay.
Your attorney can advise whether these options make sense for your situation, taking into account your long-term needs and the likelihood of collecting.
When to Contact a Virginia Car Accident Attorney
The legal complexities surrounding high-value injury claims demand more than just filing paperwork. You need a strategic advocate who can identify every potential source of recovery and handle difficult conversations with insurers and opposing counsel.
At Tronfeld, West & Durrett, we’ve spent over 50 years helping Virginians recover after serious accidents. We assist clients across the state by evaluating policy language, calculating damages, and pursuing the most effective path toward full compensation.
Schedule a Free Consultation With Tronfeld, West & Durrett
If you’ve been seriously hurt and suspect the at-fault driver’s insurance won’t come close to covering your losses, you don’t have to guess your next steps alone.
Contact us today to schedule a free consultation with one of our experienced personal injury attorneys. We’ll review your case, answer your questions, and walk you through your legal options.
Call or text 800-321-6741 or complete a Free Case Evaluation form