One insurance company is not always the only potential source of compensation after an accident. Depending on how the crash happened, the people involved, and the insurance policies available, an injury claim may involve the at-fault driver's policy, your own coverage, or even another applicable policy.
That can become especially important when the at-fault driver's coverage is not enough to fully address your injuries.
Can I File a Claim Against More Than One Insurance Policy?
Yes, a single accident can potentially involve more than one applicable insurance policy, depending on the circumstances of the injury and the coverage available.
The at-fault driver's liability policy is often the starting point, but it may not be the only policy worth examining. Other possible sources can include your own uninsured or underinsured motorist coverage or another person's liability policy.
Multiple policies may become relevant when:
- The at-fault driver has limited coverage. Their liability policy may not be enough to cover the full value of your injuries.
- The driver has no insurance. Your own uninsured motorist coverage may provide another potential source of compensation.
- You have underinsured motorist coverage. Your policy may provide additional benefits when the at-fault driver's limits are insufficient.
- Another person or property owner may be involved. Depending on how the accident occurred, a separate liability policy could potentially apply.
This is why accepting an insurance company's initial offer without examining the available coverage can leave potential compensation unexplored.
What Is Uninsured & Underinsured Motorist Coverage?
Uninsured motorist coverage can provide benefits when an at-fault driver has no applicable insurance, while underinsured motorist coverage can apply when the driver's available liability coverage is not enough to cover the injured person's damages.
These coverages are generally part of your own auto insurance policy, although the specific terms and available coverage depend on the policy and circumstances.
The difference comes down to the other driver's insurance coverage:
- Uninsured motorist coverage. This coverage may apply when the at-fault driver does not have insurance.
- Underinsured motorist coverage. This coverage may provide additional compensation when the at-fault driver's policy limits are not enough to cover your damages.
- Your own policy. These benefits come from your auto insurance policy rather than the at-fault driver's liability coverage.
For Oregon accident victims, underinsured driver accidents can create questions about which policies apply and how available coverage should be pursued.
What Happens If the At-Fault Driver Does Not Have Enough Insurance?
When an at-fault driver's liability limits are too low to cover your damages, your own underinsured motorist coverage may provide another potential source of recovery.
Consider a serious accident involving significant medical treatment, lost income, and other damages. If the at-fault driver's policy has limited liability coverage, that policy may be insufficient to compensate you fully.
Your attorney may then need to determine whether you have applicable underinsured motorist coverage and what benefits may be available under your policy.
The analysis can involve:
- The at-fault driver's liability limits
- Your own uninsured or underinsured motorist limits
- The nature and extent of your injuries
- Medical expenses and future treatment
- Lost income and other economic losses
- The terms and conditions of the applicable insurance policies
A low insurance limit does not necessarily mean the first offer is the end of the claim.
Can You Combine Multiple Insurance Policies in One Claim?
In some cases, recovery can involve multiple insurance policies, but whether policies can be combined or stacked depends on the policies, the people involved, and the specific facts of the accident.
This is where the details of an individual case matter. An attorney may need to identify every potentially applicable policy before determining how the available coverage can be pursued.
A real-world example illustrates why that review matters. In one case, an uninsured pedestrian was able to pursue recovery under two separate insurance policies, demonstrating that the absence of insurance for one person involved in an accident does not necessarily mean there is only one possible source of compensation.
That kind of recovery is not automatic. It requires identifying the policies that may apply and determining what rights each policy provides.
How Do Multiple Insurance Policies Work in an Accident Claim?
Multiple policies can create a sequence of claims rather than a single payment from one insurer.
The process may involve:
- Identify the responsible parties. Determine who may have legal responsibility for the accident.
- Locate applicable policies. Review liability, uninsured motorist, underinsured motorist, and other potentially relevant coverage.
- Determine available limits. Establish how much coverage each policy provides.
- Evaluate the injuries and damages. Compare the available coverage with the actual value of the claim.
- Pursue the applicable benefits. Address each insurer according to the requirements of the relevant policy and claim.
This can be particularly important when an insurance company presents a settlement offer that appears to resolve the claim. Before accepting it, you may want to know whether another policy could also apply.
What If I Am Offered a Settlement by the At-Fault Driver's Insurer?
An offer from the at-fault driver's insurer does not necessarily establish that the driver is the only potential source of insurance coverage.
The offer may simply reflect the limits or position of that particular insurer. Depending on your circumstances, additional coverage may exist through your own uninsured or underinsured motorist policy or another potentially responsible party.
Before accepting an offer, consider whether:
- Another insurance policy exists. Your own policy may provide uninsured or underinsured motorist benefits.
- The available limits are sufficient. The at-fault driver's coverage may not reflect the full value of your claim.
- Another party may have coverage. A second driver, vehicle owner, or property owner could potentially have an applicable policy.
- The claim has been fully evaluated. Medical treatment and other damages should be considered before determining whether an offer adequately addresses the injury.
Review Your Oregon Accident Claim for All Available Coverage
Johnson & Taylor represents Oregon auto accident victims in claims involving liability insurance, uninsured motorists, and underinsured drivers. Our personal injury team can review the circumstances of your accident and the potentially applicable policies rather than assuming the first insurance offer is the only available recovery.
If you were injured by an uninsured or underinsured driver, call (971) 318-5516 or contact us online to discuss your case.
