Mike’s Quick Answer
It depends on the injuries, fault, policy language, and every available source, but often the at-fault carrier cannot be required to pay more than its applicable limit. Recovery may still come from another responsible party, vehicle owner, employer, commercial or umbrella policy, or the injured person's UIM coverage. A minimum-limit disclosure should begin the coverage investigation, not end it.
Policy Limits and Case Value Are Different
A serious injury may support damages far above the available liability insurance. The insurer's contractual limit can still cap what that carrier pays, subject to unusual extra-contractual issues that require separate proof.
A per-accident limit may also be shared by several injured people. The available amount cannot be evaluated responsibly without knowing the per-person limit, aggregate limit, number of claims, and property or other coverage.
Look Beyond the Driver
The vehicle owner, employer, rideshare or delivery platform, business principal, liquor licensee, roadway entity, product manufacturer, or another negligent driver may have separate responsibility depending on the facts.
Commercial use can trigger policies not shown on the driver's insurance card. Corporate and ownership searches, trip records, witness interviews, and preservation letters may be necessary.
Protect UIM Before Signing a Release
If applicable UIM coverage exceeds the at-fault liability limit, it may provide another source. Notice and consent procedures should be followed before settlement, and the proposed release should preserve appropriate claims.
Mike would confirm the limits, investigate other defendants, compare household and vehicle policies, and estimate liens and net recovery. No additional source can be promised until the facts and contracts are reviewed.
Frequently Asked Questions
Can I collect the driver's personal assets?
It depends on ownership, exemptions, collectability, bankruptcy risk, and litigation cost. Asset investigation may be appropriate, but an excess judgment is not the same as money actually collected.
Should I accept the minimum policy immediately?
It depends on injuries, liens, other claimants, releases, UIM, and additional parties. A policy-limits offer should be reviewed before acceptance because signing may end valuable rights.
Sources and Further Reading
Important
This article provides general New Jersey information and is not legal advice. Every matter depends on its facts, policy language, deadlines, and applicable law. Medical questions should be discussed with a licensed physician. Tax questions should be discussed with a qualified tax professional.