When a car crash leaves you with serious injuries and the other driver’s insurance maxes out at $10,000, it’s natural to wonder— “Is that all I can get?” In Florida, where many drivers carry only the bare minimum coverage, this question hits hard. The truth is, in some cases, car accident settlements can go beyond policy limits, and if you’re facing mounting bills and lasting pain, knowing how could make all the difference.
How Do Policy Limits Work in Florida Car Accidents?
Most Florida drivers carry just enough insurance to meet state requirements, but that “enough” often isn’t even close when someone’s seriously hurt. The law only requires:
- $10,000 in Personal Injury Protection (PIP) and
- $10,000 for Property Damage.
That’s it. Unless the driver has a DUI or prior offenses, they don’t need to carry any bodily injury coverage. So if you’re hit by someone with minimum coverage, their policy might not even cover your ambulance ride, let alone surgery or time off work. It’s one of the most frustrating realities in Florida car crash cases.
Adding to the confusion, Florida’s no-fault system puts a “limitation on lawsuits”, meaning you can only step outside PIP and sue the at-fault driver if your injuries meet the serious injury threshold. That includes:
- permanent disfigurement,
- loss of function, or
- death.
It sounds restrictive, and insurance companies love to use it to shut down claims, even when, in real-life scenarios, the damages far exceed the settlement being offered.
How Often Do Florida Settlements Exceed the Limits?
It’s no secret that in Florida, damages often blow past insurance limits, especially when the injuries are catastrophic. The state only requires $10,000 in Personal Injury Protection (PIP) and no bodily injury coverage in many cases, so even moderate accidents can leave victims facing massive out-of-pocket costs. A single ambulance ride and ER visit can hit $10,000. But when you’re dealing with a traumatic brain injury, spinal cord damage, or wrongful death, the real financial toll can soar into the hundreds of thousands or even millions.
So what happens if your medical bills exceed the policy limits? That’s when things get complicated. Florida’s no-fault PIP coverage stops at $10,000, and if the at-fault driver doesn’t carry enough bodily injury coverage or any at all, you could be left with a major gap. You’ll need to qualify that your injuries must meet the state’s serious injury threshold, which includes permanent injury, significant loss of bodily function, or death. Once that threshold is met, you can pursue damages beyond the no-fault PIP benefits.
So, Who Pays When Your Damages Go Beyond Coverage?
It starts with the at-fault driver’s insurance; if your case meets the serious injury threshold, their liability policy becomes the first source.
If the insurance company delays, ignores clear evidence, or refuses to pay fairly when it’s clear they should, Florida law allows you to pursue the full value of your claim, even if it exceeds the stated limits. When bad faith is proven, the insurance company itself can be held responsible for paying more than the policy cap.
If that still doesn’t cover your losses, and the driver has personal assets, they may be held personally liable. If the crash happened while the driver was on the job, their employer’s commercial policy could offer additional coverage.
And if you carry underinsured motorist (UIM) coverage, your insurance policy might step in to cover what the other side can’t.
What If You Believe Your Damages Exceed What The Insurer Is Offering?
Don’t rush to accept a low policy limits settlement. When injuries are life-altering, policy limits are rarely the end of the road. If you’ve been offered a settlement that barely covers your ER bills, don’t sign anything yet. Accepting too soon could cut off your chance to recover what you’re truly owed. Document every injury, track missed time at work, and avoid negotiating directly with the at-fault driver’s insurer. With the right legal strategy, there are clear paths to recover more than the insurance policy alone may suggest.
Can You Get More Than the Policy Limits? And How?
Yes, and if your injuries are serious, you can’t afford not to try. Insurance policy limits aren’t the end of the road, but getting more takes action, strategy, and knowing where to look. There are proven ways to recover beyond policy limits, and these are the steps that can get you there:
- File a Claim Against the At-Fault Driver’s Insurance Policy
This is your first step. Even if the coverage is low, you must file to access the available limits (like $25,000 in bodily injury liability, if they carry it).- Ask for the declarations page early to see how much coverage they actually have.
- Push for full limits, don’t settle for a lowball offer.
- Use Your Own Underinsured Motorist (UM/UIM) Coverage
If the at-fault driver’s policy falls short and you carry UM/UIM, your own insurer can step in to cover the rest.- File a separate UM/UIM claim immediately after settling with the other driver’s insurer.
- Your attorney can help prove the shortfall and fight your own insurance company if they stall.
- Prove Your Injuries Meet Florida’s Serious Injury Threshold
If your injuries cross the “serious” line (permanent disfigurement, significant loss of function, or long-term disability), you can pursue the at-fault driver directly for full compensation.- Get full medical evaluations, second opinions if needed, and long-term care plans documented.
- Your lawyer will use this evidence to move your claim beyond basic PIP and into full damages territory.
- Hold the Insurer Accountable for Bad Faith
If the insurance company refuses to settle when they clearly should, they could owe more than their policy allows.- Document delays, ignored evidence, or unfair offers.
- A bad faith claim can unlock far more than the listed limits.
- Go After the At-Fault Driver’s Personal Assets
If they have property, savings, or business income, a personal judgment can cover what insurance won’t.- Ask your attorney to conduct an asset investigation before you close the case.
- File a lawsuit if necessary to preserve your right to future collection.
- Identify Other Liable Parties
Multiple parties may share responsibility for the crash, like an employer, vehicle owner, or even a government agency.- Investigate whether the driver was working at the time or if another vehicle played a role.
- Stack claims apply when more than one insurance policy applies.
- Look for an Umbrella Insurance Policy
Some drivers, especially business owners or high-income individuals, carry umbrella insurance that kicks in when their auto policy is maxed out.- These policies can provide hundreds of thousands or even millions in additional coverage.
- You can send a demand for full disclosure to uncover these policies.
These steps are your path to going beyond the policy limits when the situation calls for it. The insurance companies won’t do this for you. But if you want to maximize your settlement, you’ll need to follow a clear, strategic process.
Maximizing Your Florida Car Accident Settlement
The difference between a quick payout and full compensation often comes down to how your case is handled from day one. Insurance companies move fast—they’ll offer a low settlement, hoping you’re too hurt or overwhelmed to push back. Don’t take it. Every detail matters: how quickly you sought medical care, what treatment you’re receiving, and how your injuries affect your daily life. Keep records of missed work, pain levels, and emotional distress. The more proof you provide, like detailed medical reports, lost income documentation, and pain logs, the harder it becomes for them to lowball you.
Don’t just accept the first number. Insurance adjusters are trained to make their offer sound final, but it rarely is. If your injuries are serious or permanent, your attorney can bring in expert opinions and long-term care estimates to show what your recovery is really worth. And if the insurance company delays or denies what’s obvious, we use that to your advantage.
At Steinger, Greene & Feiner, we’ve spent decades helping Florida car accident victims recover far more than insurers hoped to pay. When policy limits fall short, as they often do, we know how to identify additional coverage, prove bad faith, and fight for everything your injuries demand. These cases can escalate quickly, and one wrong move, like signing the wrong check, missing a filing deadline, or failing to pursue a liable party, can cost you the compensation you deserve.
If your case involves serious injury, denied claims, or an unfair settlement offer, don’t settle for less. Let our legal team step in and demand what’s rightfully yours. We serve clients across Florida, including West Palm Beach, Miami, Fort Lauderdale, Tampa, Fort Myers, Orlando, Port St. Lucie, and more. Contact us now!