How does insurance claim if the car accident was not your fault?

If you are involved in an unfortunate car accident where the accident was no fault of yours, you have all the liability to get compensated. From a general standpoint, the matter looks black and white where the person at fault will have to pay the other for damages. But what we don’t know is that, claiming insurance or a fee for damages makes up a lot of gray area that we have no idea about.

Let’s conjure up a typical scenario where your car accident lawyer makes a settlement of $1,000,000 for all your injuries and the damages caused during the accident. There can be two ways that the case can precede.

1st case:

The defendant’s car insurance adjuster may inform your lawyer that the defendant only has a quarter of the settlement in his or her liability insurance. In this case, you can forget about a million dollar settlement in damages and injuries for a quarter of the total settlement. And the case will proceed as it is, with you walking away with less than what you deserve.

If such a scenario happens, what you could do is let your lawyer file for an underinsured motorist coverage against your own insurance company. But for this you must have underinsured or uninsured motor coverage for incidents like this, for which the insurance will have the liability to pay you the full amount for damages.

But then again, this case could go on without any problems only if you have about $1,000,000 or more in underinsured motor coverage, as the insurance company can only pay you from the available insurance. If you have less than that, then the insurance company is most likely to pay you only the policy limits, and in simple English, it means that you will not be getting the full amount to cover your fees for damages and injuries.

2nd case:

Your car accident lawyer will provide the defendant’s car insurance adjuster a fair settlement of a million dollars. And if the defendant has that amount of insurance amount, then the verdict is clear, you are getting the requested amount for your personal injuries and the damages that were caused during the accident.

But this is only possible if the defendant were to agree to the settlement, otherwise a trial will have to follow where you will have to prove your liability to the claim. This is a whole new direction where your lawyer will have to come up with proof to ensure that you deserve the money and that the defendant has to pay, which has nothing to do with insurance.


In a common setting, there aren’t a lot of people who has huge amounts of insurance money lying about, so the best way to prepare for any future car accidents is to have a suitable amount of underinsured motor coverage. It is highly likely that the person who hits your car may not have enough insurance or may not have insurance at all to cover your cost of damage and possible injuries.