Can You Sue for More Than Insurance Limits in Washington?

After a serious car accident, one question comes up fast: can you sue for more than insurance limits? Many people assume the at-fault driver’s insurance policy sets the ceiling. That is not always true.

The problem is simple. Medical bills pile up. Lost wages follow. You may be dealing with long-term treatment or permanent injuries while the insurance company points to a fixed number in the policy.

That gap matters. If you rely only on the driver’s insurance coverage, you could end up carrying losses someone else caused.

McPartland Law Offices looks beyond policy limits. We review every available path to compensation under Washington law and help you understand what your case may actually involve.

What Are Auto Insurance Policy Limits?

Auto insurance policy limits are the maximum amounts an insurance company will pay under a liability policy after a car accident. These limits usually apply to bodily injury and property damage claims, and the policyholder chooses them when buying coverage.

In Washington, drivers must carry liability coverage, but that coverage is often limited. The policy helps protect the insured driver financially, but it can also limit how much an injured person may recover from that claim alone.

Per-Person vs. Per-Accident Coverage Limits

A typical auto insurance policy includes two main limits. The per-person limit caps what one injured person can recover. The per-accident limit caps the total payout for everyone injured in the same crash.

For example, if a driver has a $25,000 per-person limit and a $50,000 per-accident limit, one person cannot recover more than $25,000 from that policy, even if their medical expenses are much higher. If several people are hurt, the insurer does not have to pay more than $50,000 total for bodily injury claims combined.

This structure can leave people with serious injuries far short of their losses.

Minimum Auto Insurance Requirements in Washington

Washington law generally requires minimum liability coverage of:

• $25,000 per person for bodily injury or death
• $50,000 per accident for bodily injury or death
• $10,000 for property damage

These minimum coverage limits often do not go far in a serious crash. One hospital stay, surgery, and follow-up care can exceed them quickly. When that happens, it becomes important to look for other sources of recovery.

How Insurance Policy Limits Affect Car Accident Claims

Insurance policy limits shape how a car accident claim moves and how much the insurer may be willing to pay. In many cases, the at-fault driver’s policy limits set the maximum available through that specific liability policy.

Insurers look at claims early. If your damages appear close to or above the available limits, the discussion often turns to whether the insurer will offer those limits and whether other sources of compensation exist.

Why Insurance Companies Usually Do Not Pay Beyond Policy Limits

An insurance policy is a contract. The insurer agrees to pay up to a stated amount, subject to the policy terms. In most cases, that is where the insurer’s obligation ends.

That means your medical bills, lost income, pain and suffering, and future losses can exceed what the policy will pay. When that happens, the insurance limit does not erase the rest of your damages. It only limits what that insurer may owe under that policy.

How Policy Limits Can Influence Settlement Negotiations

Policy limits affect strategy from the start. If your damages clearly exceed the available coverage, your attorney may demand the full policy limits early while also investigating other recovery options.

Sometimes the insurer offers the full liability limits to resolve the claim against its insured. Even then, the case is not always over. You may still need to look at other policies, other liable parties, or a claim directly against the at-fault driver.

What Happens When a Car Accident Claim Exceeds Insurance Limits?

When damages exceed insurance policy limits, a gap forms between what the insurance company will pay and what your losses actually are. That happens often in serious injury cases.

When Accident Damages Are Higher Than Available Insurance Coverage

Medical expenses, rehabilitation, and lost income can rise fast after a major crash. Add pain and suffering, future treatment, or permanent limitations, and the value of the claim may go well beyond the at-fault driver’s liability coverage.

That leaves injured people looking for other ways to cover the difference.

Why Serious Injury Claims Often Exceed Policy Limits

Catastrophic injuries change the math. Traumatic brain injuries, spinal cord injuries, severe orthopedic injuries, and permanent disabilities can require years of treatment and affect a person’s ability to work.

These types of personal injury cases often involve:

• Extensive medical costs
• Future medical care
• Lost wages
• Lost earning capacity
• Significant pain and suffering

Standard car insurance limits rarely account for losses at that level.

Real Examples of When Damages Exceed Policy Limits

Consider a multi-vehicle crash where several people are hurt. The at-fault driver’s per-accident limit may have to be divided among multiple claims.

Or consider a crash where one person’s medical bills alone reach six figures, but the at-fault driver carries only minimum coverage.

In both situations, the available insurance payout may not come close to the actual losses.

Can You Recover More Than the At-Fault Driver’s Insurance Policy Limits?

Yes, sometimes. The key is identifying other sources of compensation beyond that one liability policy.

When Total Compensation May Exceed Insurance Coverage

Additional compensation may come from:

• Multiple insurance policies
• Underinsured motorist coverage
• More than one liable party
• An employer’s insurance coverage
• Umbrella or excess liability coverage

If more than one person or business contributed to the crash, each may have separate insurance that adds to the total recovery available. It is vital that an early investigation be conducted in all serious injury cases.

Situations Where the At-Fault Driver May Be Personally Responsible

If your damages exceed the available insurance, the at-fault driver may still be personally responsible for the unpaid amount.

A personal injury lawsuit can lead to a judgment against the driver. Whether you can collect on that judgment depends on the person’s income, assets, debts, and the protections Washington law gives certain property from collection.

When Can You Sue Beyond Insurance Coverage in Washington?

Washington law may allow recovery beyond insurance coverage in several situations. The policy limits cap what the insurer may pay under that policy. They do not automatically cap the full value of your injury claim.

When the At-Fault Driver Has Personal Assets

If the driver has meaningful personal assets, you may pursue a judgment for damages above the policy limits. Whether collection is realistic depends on asset protection rules, exemptions, and the driver’s actual financial condition. Washington’s judgment statutes and federal bankruptcy laws may impact collectability, but it is important to conduct a thorough investigation and learn what is available and what is not. Throwing good money after bad and adding insult to injury is rarely recommended.

When Multiple Parties Share Liability

Many crashes involve more than one responsible party. Another driver, a company, or a third party may share fault.

Washington follows a pure comparative fault system. That means each party may be responsible for their share of the damages, and multiple insurance policies may apply.

Washington also has strong joint and several liability rules, meaning that a fault-free injured party need not show who, amongst a group of defendants, is responsible for the injuries suffered, only that the group of defendants is responsible.

Some attorneys will recommend resolving a motor vehicle insurance case before proceeding against a city, county, or state governmental entity. That is virtually always bad advice and could destroy joint and several liability and, therefore, your opportunity to collect your full compensation.

When an Employer May Be Responsible

If the at-fault driver was working at the time of the crash, the employer may also be liable in some situations.

That can matter because commercial insurance policies often carry higher limits than an individual auto policy.

Legal Strategies for Recovering Compensation Beyond Insurance Limits

When damages exceed policy limits, strategy matters. A personal injury lawyer should look beyond the at-fault driver’s base policy and examine every other path to recovery.

Filing a Personal Injury Lawsuit Against the At-Fault Driver

A personal injury lawsuit lets you pursue the full value of your damages. That may include medical expenses, lost wages, property damage, pain and suffering, and future losses.

If a court awards more than the available insurance coverage, the defendant may remain responsible for the unpaid portion.

Suing Multiple Negligent Parties

Identifying every liable party can increase the compensation available. Depending on the facts, that may include other drivers, a business, a vehicle owner, or a third party that contributed to unsafe conditions.

Pursuing Claims Against an Employer

When a driver was acting within the scope of their employment, the employer may also be legally responsible. That can open the door to commercial insurance coverage with higher policy limits.

Claims Involving Insurance Misconduct in Washington

In limited situations, Washington law may allow claims involving insurer misconduct. This area is narrower than many people think, especially when the claim involves the at-fault driver’s insurance company rather than your own policy.

A direct bad faith or Insurance Fair Conduct Act claim usually involves a person making a claim under their own policy. A person injured by another driver usually cannot bring that kind of direct claim against the at-fault driver’s liability insurer unless legal rights were later assigned by the insured or another recognized legal basis applies.

When Can an Insurance Company Be Liable Beyond Policy Limits?

Insurance companies must follow Washington insurance law when handling covered claims. Policy limits usually define the maximum payout under the policy, but legal exposure can grow in limited situations when an insurer mishandles a claim in a way Washington law recognizes.

What Is Insurance Bad Faith Under Washington Law?

Bad faith generally refers to an insurer failing to act fairly or reasonably when handling a claim. The kind of claim that may be available depends on who is bringing it and which policy is involved. A person injured by another driver does not automatically have the same rights against that driver’s insurance company that they may have under their own policy.

How Insurance Misconduct Can Increase Exposure

When Washington law recognizes a valid claim for insurance misconduct, the insurer’s exposure may go beyond the original policy benefits. That may include actual damages, attorney’s fees, costs, and, in some situations, enhanced damages allowed by statute.

Washington’s Insurance Fair Conduct Act

Washington’s Insurance Fair Conduct Act allows certain claims based on unreasonable denials of coverage or payment of benefits. It does not apply to every dispute with an at-fault driver’s liability insurance company, so the facts and the insurance relationship matter.

Other Sources of Compensation When Damages Exceed Insurance Limits

Even when liability insurance is low, other coverage may help cover your losses. A detailed review often uncovers options that are not obvious at first.

Using Your Own MedPay Coverage

Medical Payments Coverage can help pay immediate medical expenses after a crash, regardless of fault. It can help with out-of-pocket costs while the larger claim is still being sorted out.

Underinsured Motorist Coverage in Washington

Underinsured motorist coverage may help when the at-fault driver’s liability limits are too low to cover your damages. In Washington, this coverage is often included in an auto policy unless it was rejected in writing. If your policy includes underinsured motorist coverage, it may help cover the gap between the other driver’s insurance and your actual losses.

Umbrella Insurance Policies

Some drivers and businesses carry umbrella or excess liability insurance that provides additional coverage above the base auto policy. In a serious injury case, that extra layer can make a major difference.

What to Do If the At-Fault Driver Has Low Insurance Coverage

Low insurance coverage does not always mean the case stops there. It means the case needs a broader review.

That review may include checking for additional insurance policies, identifying other liable parties, evaluating your own coverage, and looking at whether the at-fault driver has collectible assets. In serious car accident cases, this early work can shape the entire outcome.

Why Early Investigation Matters

Early investigation helps preserve evidence, identify coverage, and uncover employment relationships or third-party liability before important details disappear.

How a Personal Injury Lawyer Identifies Additional Compensation

A personal injury lawyer can review insurance policies, crash reports, employment records, vehicle ownership, and other case details to identify every available source of compensation. That may include commercial coverage, umbrella coverage, and claims involving multiple liable parties.

Why Choose McPartland Law Offices for Your Car Accident Claim

McPartland Law Offices serves working people across Central Washington and Eastern Washington. Since 2012, our personal injury attorneys have handled injury cases with a direct, practical approach.

Our law firm understands how insurance companies value claims and where cases can stall. We prepare each case for litigation, not just settlement talks.

Client Testimonials

“If you are looking for a genuine, attorney that has your best interest, you want to hire McPartland Law Offices PLLC. My son was involved in a car accident that was not his fault, and the opposing insurance company did everything in their power to try and wiggle their way out of even paying for the damages to his car let alone the medical. Brady & Bryce never backed down. They were always upfront and honest with my son, keeping him in the loop of the lack of progress or progress that was made. Although, the other driver and his insurance company refused to accept responsibility, McPartland Law office was able to get my son the settlement he deserved.” — Darla M.

“My family and I had the opportunity to work with Bryce and his team during a very difficult time in our lives. The service and representation that McPartland Law Offices provided was absolutely exceptional. I was thoroughly impressed by their professionalism, knowledge, and ability to help us understand everything throughout the entire process. To say they left no stone unturned would be an understatement. I will be forever grateful for the compassion and dedication consistently demonstrated by Bryce and his team. I highly recommend McPartland Law Offices.” — Claudia V.

“I had the privilege of using McPartland Law offices years ago after a car accident. They were very professional and always treated me with respect!” — Chelsea H.

Frequently Asked Questions

How Often Do Auto Accident Settlements Exceed the Policy Limits in Washington?

Most car accident claims resolve within policy limits because insurers usually pay only up to the coverage that applies. Recoveries beyond those limits are less common, but they can happen when multiple liable parties, underinsured motorist coverage, umbrella coverage, employer liability, or collectible personal assets are involved.

Does Suing Someone Mean Their Insurance Company Stops Negotiating?

No. Filing a lawsuit does not automatically end settlement discussions. Negotiations often continue during litigation.

What Happens if Multiple Insurance Policies Apply to the Same Accident?

Compensation may come from more than one source. Depending on the facts, that can include multiple drivers’ liability policies, an employer’s policy, umbrella coverage, or your own underinsured motorist coverage.

Can You Place a Lien on Property if You Win a Lawsuit Against a Driver?

Washington law may allow judgment collection tools, including liens, in some situations, but the process depends on the type of property involved, any existing liens, available exemptions, and court procedures.

Can Settlement Negotiations Continue After a Policy Limit Offer?

Yes. If other claims or other sources of compensation remain on the table, negotiations may continue even after one insurer offers its policy limits.

Do Large Personal Injury Verdicts Always Get Paid?

No. A verdict and an actual recovery are not always the same thing. What you collect depends on available coverage, assets, exemptions, and the defendant’s financial condition.

When Insurance Is Not Enough, the Next Step Matters

If your damages exceed insurance policy limits, the next step matters. There may be more coverage available than the first insurance offer suggests.

McPartland Law Offices helps people across Central Washington and Eastern Washington evaluate their options and pursue every available source of compensation. Call 509-495-1247 or reach out through the contact form to schedule a free consultation.