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The claim for damages could exceed the limits of liability under my policy

by Roni

I was involved in car accident at the end of September. My car was totally damaged(2005 car, worth $15000?). And other car may be totally damaged too (2008 new car, worth $25000?).

I checked my insurance coverage: there is no collision coverage and property damage coverage is only $5,000. Obviously the claim for damages could exceed the limits of liability under my policy.

The question is: what can I do now? What is the general procedures to resolve this claim? Do I need pay the total loss exceeding the limit of my insurance coverage? Do I need find a counsel in this matter?

I am still waiting the police report for this accident. I will give a brief description in the following. Do you think that is 100% my fault?

I tried to make a left turn at that moment. The car flows were very heavy in the morning and I had no chance to make turn at green light. After the traffic light turned to yellow, I slowly moved my car into the intersection. There are two lines in the opposite direction at that street.

I noticed that the cars in the curb side were stopped completely and the traffic light turned into red. The car involved in that accident was some away from intersection. The car should be stopped anyway. So I made my left turn. Unfortunately, the driver speeded up and hit my car in the back wheel and passenger side back door.

Many thanks for your help


Hello Roni,

Well, you have two issues here:

1. Whether or not the coverage you had was adequate? Your property damage coverage is very low. Only few states allow for that low of limit (I believe only one state, but I am not sure). If you are in that state, then you are going to have to pay the excess. However, if are not in that state, it is possible that your insurance company be required to pay the minimum state limit. This is something that is worth checking on. Visit

2. Is it your fault? Well it is very hard to determine with the facts you gave me. As you know, there are many factors that need to be taken into account, including the police report, and statements from all drivers. For what you tell me, you were making a left turn in a yellow. This puts a high liability on your shoulders. However, it appears that the damage was more towards the rear of your vehicle, which would indicate the other driver had more chance to see you. If your light is yellow, the other light must be either yellow or red (depends on the intersection). Make sure you point this out to your adjuster.


for more information about fault.

Good Luck

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