The Personal Injury "Justice Gap": Why the At-Fault Driver's Insurance Matters Most (And Your Only Way to Fix It)
As personal injury attorneys, we are often the first people a client talks to after a life-changing accident. They are in pain, their medical bills are piling up, and they can't work. They want to know what their case is "worth."
We have to give them an unfortunate and frustrating answer: In the eyes of the law, the "value" of your injury and the amount of money you can actually recover are two very different things.
The single biggest factor in your personal injury outcome is almost never the severity of your injury. It's the size of the at-fault driver's insurance policy.
The Hard Truth: A $1 Million Injury vs. a $25,000 Policy
Let's imagine two people, "Anna" and "Ben," suffer the exact same serious back injury in a car accident. Both require surgery, miss six months of work, and have medical bills totaling $200,000. A jury would likely agree their case, including pain and suffering, is worth $750,000.
But their outcomes will be drastically different.
Anna's Accident: She was hit by a driver with the state minimum liability policy, which is $25,000. That driver has no savings or assets. Anna's $750,000 case is only "worth" $25,000, because that's all there is to collect. If she didn’t even have health insurance, she is left with $175,000 in medical debt, even after winning her case.
Ben's Accident: He was hit by a commercial delivery truck with a $2,000,000 insurance policy. Ben's attorneys (like us) can fight for the full value of his case. He can recover his $200,000 in medical bills, his lost wages, and fair compensation for his pain and suffering.
The only difference between Anna's financial ruin and Ben's full recovery? The insurance status of the person who hit them. It's a terrible reality, and it's not fair.
Your Only Defense: Uninsured/Underinsured Motorist (UM/UIM) Coverage
You cannot control who hits you. You can't control if they are an uninsured driver fleeing the scene, a gig worker with a lapse in coverage, or someone who only paid for the cheapest-possible state minimum plan.
The only tool you have to protect yourself and your family is on your own auto insurance policy: Uninsured/Underinsured Motorist (UM/UIM) Coverage.
Uninsured Motorist (UM) coverage protects you if you are hit by someone with no insurance at all (or a hit-and-run driver).
Underinsured Motorist (UIM) coverage protects you if you are hit by someone with not enough insurance (like Anna's case).
This coverage steps into the shoes of the at-fault driver and pays for your damages—your medical bills, your lost wages, and your pain and suffering. It protects you, your family members, and any passenger in your car. It even protects you as a pedestrian or cyclist if you are hit by a car.
Real-World Outcomes: A Tale of Four Accidents
Let's look at the "Anna" scenario again, but this time, let's see what happens if she had the foresight to buy good UM/UIM coverage.
Assume the victim has $200,000 in medical bills and the full value of their case is $500,000.
| Victim's Scenario | At-Fault Driver's Insurance | Victim's UM/UIM Coverage | Final Outcome for Victim |
|---|---|---|---|
| Hit by Uninsured Driver | $0 | None | Victim recovers $0. They are personally responsible for all $200,000 in medical bills, minus what their health insurance pays. |
| Hit by Uninsured Driver | $0 | $500,000 UM Policy | Victim recovers $500,000 from their own insurance company. Their bills are paid, and they are compensated. |
| Hit by Underinsured Driver | $25,000 (State Minimum) | None | Victim recovers $25,000. This doesn't even cover the ambulance ride and ER visit. They are left with debt for everything that their health insurance doesn't cover. |
| Hit by Underinsured Driver | $25,000 (State Minimum) | $500,000 UIM Policy | Victim recovers $500,000. ($25,000 from the at-fault driver, and $475,000 from their own UIM policy). |
| Hit by Commercial Truck | $2,000,000 | (Doesn't matter) | Victim recovers $500,000 from the truck's commercial policy. |
Check Your Policy Today
Look at your auto insurance "declarations page" right now. Many people are shocked to find they are carrying the same low limits for their own protection as the minimum-coverage drivers they're worried about.
You are paying for health insurance to protect you if you get sick. You should also pay for UM/UIM coverage to protect you if you get hurt by someone else's negligence. We recommend carrying at least $250,000 in UM/UIM coverage, and $500,000 or $1,000,000 if you can. It is typically the most affordable and most important coverage you can buy.
If you or a loved one has been injured, navigating the different insurance policies is complex. At Posey Lebowitz, we are experts at finding every available source of recovery, especially when the at-fault driver's policy isn't enough. Call us for a free consultation.
