What happens when auto insurance limits are exceeded?
Coverage Q&A: The at-fault driver in a collision only carries minimum coverage that is insufficient to cover all the victim's damages.
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Editor’s Note: What happens when a driver’s insurance limits are insufficient to compensate the victim in a collision?
Question: The insured is an operator at fault in a collision. The operator carries minimum auto insurance liability limits of 25/50/25, but the third party suffers $40,000 in vehicle damages, $7,400 in rental expenses, and a $13,000 diminishment in value of the vehicle. Would the third party be entitled to the maximum benefits under the first-party policy?
However, because the at-fault insurance policy does not have the necessary limits to pay all expenses, I think those limits would be exhausted with the rental, diminished value, and a portion of the vehicle damage. Under those circumstances, the third party should be able to collect for the remaining damage to their vehicle under their collision coverage. If they were to do that, would they be entitled to any of the benefits paid from the first-party carrier?
— Vermont Subscriber
Analysis: Although states mandate minimum auto insurance limits, those limits are not always enough to cover damages in an accident. Sometimes, the victim’s insurer must provide coverage, but in that case, who is entitled to payment from the at-fault party’s insurance carrier?
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