Hi, I'm Griff Tonkin of Arthofer & Tonkin Law Offices. We're exclusively a personal injury law firm, and today I want to talk about one of the most difficult — and often misunderstood — situations our clients face: what happens when you've been seriously injured in a car accident, but the person who caused it simply doesn't have enough insurance to pay for your damages.
Understanding Insurance Policy Limits
Every driver is required by law to carry auto insurance, but the minimum required coverage varies by state — and it's often nowhere near enough. When a serious accident occurs, the at-fault driver's "policy limits" represent the maximum amount their insurer will pay out. If your injuries and damages exceed those limits, you may be left without full compensation through that driver's insurance alone.
This is sometimes a very difficult conversation to have with clients because they have dramatic, lifelong injuries — injuries from which they'll never recover — and yet the adverse driver simply has nowhere near enough insurance to properly compensate them.
What Options Do You Have?
When the at-fault driver is underinsured, there are still avenues we can explore on your behalf:
Your Own Uninsured/Underinsured Motorist Coverage
This is often the most overlooked — and most valuable — protection you can have. Your own auto insurance policy may include uninsured or underinsured motorist (UM/UIM) coverage. If the at-fault driver's limits aren't enough, this coverage can step in to bridge the gap. We strongly encourage everyone to review their policy and increase this coverage — it's typically very affordable and could be a lifeline after a serious accident.
Pursuing Other At-Fault Parties
Sometimes the at-fault driver wasn't acting alone. For example, if the driver was on the job at the time of the accident, their employer may be liable. We examine every angle of a case to identify all possible sources of recovery for our clients.
When There's Simply No Coverage to Pursue
Unfortunately, some situations involve a driver with minimal insurance and no personal assets. These are some of the hardest conversations we have with clients, because when there's no insurance and no assets, it can be impossible to get appropriate compensation. This is exactly why having your own UM/UIM coverage in place before an accident is so critical.
A Personal Perspective from Griff Tonkin
I've had a 20-plus year career built on the reality that accidents do happen — often when people least expect it. I've experienced this personally. Years ago, I was in a car accident where my vehicle was struck and intruded 18 to 24 inches into my car — a serious collision. I wasn't severely injured, but I did develop a significant shoulder injury that required surgical repair. And during that process, I learned firsthand how insurance companies can take advantage of injured people who aren't represented by an attorney.
That experience reinforced something I believe deeply: injured people have rights, and the legal system can feel stacked against them without a strong advocate in their corner.
Don't Wait Until After an Accident
The best time to protect yourself is before anything happens. Call your insurance agent, ask about your UM/UIM limits, and consider increasing them. It costs very little and can mean everything if you're seriously hurt by someone who doesn't carry adequate coverage.
And if you've already been injured and are facing this situation, please reach out to us. At Arthofer & Tonkin Law Offices, our attorneys have well over 60 years of combined experience handling personal injury matters. We'll fight to find every avenue of recovery available to you.
📞 Call us today — consultations are free.
Related reading: What to Do After a Car Accident | Personal Injury for Minors | View All Blog Posts
