What Happens If the At-Fault Driver’s Policy Limits Are Too Low?
A Guide from John Kilpatrick Law, PLLC – Clermont Injury Attorney
Car accidents are unfortunately common in Clermont, Florida, especially along heavily traveled roads like US-27, State Road 50, Hancock Road, and Citrus Tower Boulevard. Many injury victims assume that the at-fault driver’s insurance will fully cover their damages.
But what happens when the at-fault driver’s policy limits are simply too low?
At John Kilpatrick Law, PLLC, this is one of the most frequent issues we see when representing clients as a Clermont injury attorney and Clermont car accident attorney. The truth is: low policy limits do not automatically mean low recovery — but you must act strategically.
Let’s break it down.
Florida’s Minimum Insurance Requirements Create a Real Problem
Florida law does not require all drivers to carry bodily injury liability insurance.
Many drivers in Clermont carry only:
$10,000 in Personal Injury Protection (PIP)
$10,000 in Property Damage Liability (PDL)
That means if someone causes a serious crash near Lake Minneola, downtown Clermont, or on SR-50, they may legally have little to no bodily injury coverage available.
If your medical bills exceed the available coverage (which they often do), you need a Clermont injury attorney who knows how to look beyond the obvious policy.
Scenario: The At-Fault Driver Has Minimal Bodily Injury Coverage
Some drivers carry low bodily injury limits, such as:
$10,000
$25,000
$50,000
In today’s medical environment, even a short ER visit in South Lake County can exceed $10,000. Add imaging, therapy, lost wages, and ongoing care — and the damages quickly surpass minimal policy limits.
At John Kilpatrick Law, we routinely evaluate whether:
The limits being offered are accurate
There are additional policies available
There are other liable parties
Insurance companies often present policy limits as the “end of the story.” It rarely is.
Option #1: Your Uninsured / Underinsured Motorist (UM/UIM) Coverage
If you carry UM coverage, this can step in when the at-fault driver’s insurance is insufficient.
UM coverage may apply when:
The driver has no bodily injury coverage
The policy limits are too low
The crash was a hit-and-run
Many Clermont drivers do not realize how critical UM coverage is until after a crash.
A Clermont car accident attorney at John Kilpatrick Law can review your policy in detail to determine how much coverage is available and how it stacks with the at-fault driver’s limits.
Option #2: Umbrella Policies
Some individuals carry personal umbrella policies that provide additional liability coverage beyond their auto policy.
These policies are not always disclosed immediately. Part of what we do at John Kilpatrick Law, PLLC is conduct a thorough investigation to determine whether additional coverage exists.
Option #3: Employer or Commercial Liability
If the at-fault driver was:
Working at the time of the crash
Driving a company vehicle
Operating a commercial vehicle
There may be a separate corporate policy available.
Given the growth of Clermont and surrounding South Lake County, commercial traffic on US-27 and SR-50 is common. Identifying employer liability can significantly increase available compensation.
Option #4: Vehicle Owner Liability Under Florida Law
Under Florida’s dangerous instrumentality doctrine, the owner of a vehicle can be held responsible for negligent operation by another driver.
This means there may be an additional policy through the registered owner of the vehicle.
A knowledgeable Clermont injury attorney must analyze ownership, insurance disclosures, and all potential coverage sources before resolving a claim.
Option #5: Personal Assets of the At-Fault Driver
In certain cases, pursuing the driver personally may be an option. However, Florida’s homestead protections and bankruptcy laws often limit recovery.
At John Kilpatrick Law, we evaluate collectability before recommending this path. Strategic decisions matter when policy limits are low.
Why Low Policy Limits Are So Common in Clermont, FL
Clermont continues to grow rapidly. With increased development and traffic around:
Lake Minneola
Downtown Clermont
New residential communities
Major corridors like SR-50 and US-27
Accidents are increasing — but many drivers still carry minimal insurance coverage.
This creates serious financial risk for injury victims.
That’s why consulting with a Clermont car accident attorney at John Kilpatrick Law early in the process can protect your claim.
Should You Accept a Policy Limits Offer?
Insurance companies sometimes quickly offer “policy limits” in hopes of closing the claim before you investigate further.
Before accepting any settlement, consider:
Have all insurance policies been disclosed?
Has your UM coverage been reviewed?
Are there additional liable parties?
Are future medical costs accounted for?
Once you sign a release, your case is permanently closed.
How John Kilpatrick Law, PLLC Helps When Policy Limits Are Low
As a Clermont-based personal injury firm focused on auto accidents, John Kilpatrick Law, PLLC works to:
Identify all available insurance coverage
Coordinate stacked UM claims when applicable
Investigate employer and owner liability
Negotiate aggressively with underinsured carriers
Structure settlements to maximize total recovery
Low limits require strategy. Having a local Clermont injury attorney who understands Florida insurance law and South Lake County accident claims can make a substantial difference.
Injured in a Clermont Car Accident?
If you were injured in a crash in Clermont or anywhere in South Lake County and are being told “that’s all the insurance available,” it may not be the full picture.
Before accepting a policy limits settlement, speak with a Clermont car accident attorney at John Kilpatrick Law, PLLC to ensure every possible source of compensation has been explored.
