Step-by-Step: Filing a Third-Party Car Insurance Claim

If you weren’t at fault for your accident, you shouldn’t be penalized with a deductible or a premium hike on your own policy. Filing a third-party insurance claim allows you to seek damages directly from the at-fault driver’s provider. Here is your step-by-step roadmap to navigating the process and securing a faster, fairer settlement for your vehicle.

Key Takeaways

Documentation Is Your Strongest Tool: Build a stronger claim by thoroughly documenting everything at the scene. A detailed file with photos, the police report, and witness information creates a factual record that protects you from unfair arguments.
Control the Conversation with the Adjuster: Protect your claim by sticking to the facts, keeping detailed notes of every call, and never admitting fault. Remember, the adjuster works for the insurance company, so your clear and consistent communication is key to a fair outcome.
Demand Full Compensation, Including Diminished Value: A fair settlement covers more than just repairs—it includes lost wages and the diminished value of your vehicle. Always review the first offer carefully and be prepared to negotiate for a number that truly covers all your losses.

What Is a Third-Party Insurance Claim?

After a car accident, you’ll hear a lot of insurance jargon thrown around, and “third-party claim” is one of the most common. Let’s break down what it means. Simply put, a third-party insurance claim is a claim you file with the other driver’s insurance company when they are at fault for the accident.

Think of it like this: The at-fault driver is the “first party,” and their insurance company is the “second party.” Since you are outside of that initial contract but are seeking compensation from it, you are the “third party.” Filing this type of claim means you are asking the at-fault driver’s insurer to cover your expenses, including vehicle repairs, medical bills, and other related costs.

This process is standard in states like Georgia, which operate under an “at-fault” system. This system holds the driver who caused the accident financially responsible for the damages. Navigating this process can feel overwhelming, especially when you’re dealing with the stress of an accident. Understanding the basics is the first step toward getting the compensation you deserve. The goal is to have the responsible party’s insurance make you whole again, and our legal representation is key to making that happen.

First-Party vs. Third-Party: What’s the Difference?

The main difference between a first-party and a third-party claim comes down to whose insurance company you are dealing with. A first-party claim is one you file with your own insurer. You might do this if you were at fault, if you were hit by an uninsured driver and have the right coverage, or for certain medical payments, depending on your policy.

A third-party claim, on the other hand, is filed against the other driver’s insurance. Because Georgia is an at-fault state, the person responsible for the crash is also responsible for the damages. This means their insurance company is on the hook for your property damage and injuries.

Should You File a Third-Party Claim?

If the other driver was clearly at fault for the accident, filing a third-party claim is almost always the right move. When you file with their insurance, they are responsible for paying for your repairs or the value of your car if it’s a total loss, up to their policy limits. A major advantage here is that you won’t have to pay your own policy’s deductible.

However, there are situations where it gets tricky. If the at-fault driver is uninsured, you can’t file a third-party claim. Instead, you’ll need to rely on your own policy’s uninsured motorist coverage, if you have it. Proving fault can also become a battle. If the other driver’s insurer disputes their client’s responsibility, getting fair payment can be a challenge. This is often when you should contact us to protect your interests.

Gather the Right Evidence for Your Claim

After an accident, your first priority is making sure everyone is safe. But once the immediate shock wears off, your next focus should be on gathering information. The evidence you collect in the minutes and hours after a crash forms the foundation of your insurance claim. Think of yourself as a detective building a case—the more clear, detailed evidence you have, the harder it is for the other driver’s insurance company to dispute the facts or undervalue your claim. A strong collection of evidence tells the complete story of what happened, who was involved, and the extent of the damage.

This documentation is your best tool for proving fault and ensuring you receive the compensation you deserve for repairs, medical bills, and the diminished value of your vehicle. Without it, you’re left in a “he said, she said” situation, which often works in the insurer’s favor, not yours. Insurance adjusters are trained to find inconsistencies and reasons to pay out as little as possible. By providing them with a solid, fact-based file from the very beginning, you set a professional tone and show that you are serious about your claim. Taking a few moments to carefully document everything can make a significant difference in the outcome.

Your Essential Documentation Checklist

At the scene of the accident, it’s easy to feel overwhelmed. Having a mental checklist can help you stay focused and gather the critical details you’ll need later. Try to collect as much of the following as you can from the other driver:

Personal Information: Their full name and phone number.
Driver’s License: Their driver’s license number and the state it was issued in.
Insurance Details: The name of their insurance company and their policy number.
Vehicle Information: The make, model, color, and license plate number of their car.

This information is the starting point for any third-party insurance claim. It allows you or your representative to formally notify their insurer and begin the process of seeking compensation for your damages.

Why Photos and Videos Are Crucial

Your smartphone is one of the most powerful tools you have after an accident. Visual evidence is incredibly persuasive and difficult for insurance adjusters to argue with. Don’t just take a few quick pictures of the dent in your car; be thorough. Capture the entire scene from multiple angles. Take photos and videos of the damage to all vehicles involved, both up close and from a distance. Document the position of the cars on the road, any skid marks, debris, and relevant traffic signs or signals. This visual record serves as undeniable proof that helps establish how the accident occurred and substantiates the full extent of the damage to your property.

How to Collect Witness Statements

Independent witnesses can be a huge asset to your claim. A neutral third party who saw what happened provides an unbiased account that can support your version of events. If anyone stopped to help or saw the crash, politely ask for their name and phone number. You can also ask them to briefly describe what they saw and, if they’re willing, jot it down or record a quick voice memo on your phone. Insurance companies give significant weight to witness testimony because it comes from someone with no financial stake in the outcome. Securing this information at the scene is vital, as it can be nearly impossible to track down witnesses later.

Securing Police and Medical Reports

Official reports add a layer of authority to your claim. If the police respond to the accident, make sure you get a copy of the police report. This document contains the officer’s observations, diagrams of the scene, and sometimes an initial determination of fault. It’s a critical piece of evidence that insurers take very seriously. Similarly, if you are injured, seek medical attention right away. This creates a medical record that links your injuries directly to the accident. Even if you feel fine, some injuries can take days to appear. Having these official documents is essential when seeking full compensation for all your losses, from property damage to medical expenses. Our team at Gastley Law can help you gather these reports and ensure they are correctly submitted with your property damage claim.

How to File Your Claim: A Step-by-Step Guide

Filing an insurance claim can feel like a huge task, especially when you’re already dealing with the stress of a car accident. But breaking it down into manageable steps makes it much easier. Think of it as a checklist to work through one item at a time. Being organized and proactive from the start will set you up for a smoother process and a better outcome. Here’s how you can confidently move forward with filing your claim.

Making the First Call to the Insurer

Before you pick up the phone, take a deep breath and gather your information. Having everything in front of you will make this first conversation much less stressful. You’ll want the other driver’s name, contact number, and their insurance details. Also, have your photos of the accident scene, the police report number, and any witness information handy. When you call the at-fault driver’s insurance company to report the accident, stick to the facts. Clearly state what happened without admitting fault or speculating. Your goal is simply to get the claim started and receive a claim number.

Submitting Your Paperwork

Once the claim is open, you’ll need to provide documentation to support it. This is where all the evidence you gathered at the scene comes into play. Compile everything into one place: your photos and videos, the official police report, and the contact and insurance information for everyone involved. It’s also incredibly important to be aware of your state’s statute of limitations, which is the legal time limit for filing a claim. In Georgia, you generally have two years for personal injury and four years for property damage. Missing this deadline means you could lose your right to compensation, so don’t delay.

How to Follow Up Effectively

Don’t expect to file your claim and hear back with a fair offer the next day. The insurance process takes time, and you’ll need to stay on top of it. Keep a dedicated notebook or a digital file to track every interaction. Write down the date, time, and name of every person you speak with at the insurance company, along with a summary of the conversation. If the adjuster requests more information, send it promptly and keep a record of what you sent and when. This detailed log will be your best friend, helping you keep the facts straight and hold the insurer accountable.

Best Practices for Communicating with Insurers

How you communicate with the insurance adjuster can make a real difference. Always aim to be calm, clear, and consistent. While it’s okay to be firm, being polite and professional will get you further than being angry or demanding. Be proactive in your communication to show you’re serious about resolving the claim efficiently. If you feel like you’re being ignored or that the process is dragging on, don’t be afraid to follow up. And if you’re ever unsure what to say or feel pressured, remember that you can have an expert handle these conversations for you. Our team is experienced in managing all communication related to diminished value claims.

What to Know About Fault and Coverage

After an accident, one of the first things you’ll wonder is, “Who pays for this?” The answer comes down to two key factors: fault and insurance coverage. Understanding how insurers determine who is responsible and what the at-fault driver’s policy actually covers is essential for your claim. It’s not always a straightforward process, and the rules can get tricky, especially when you factor in state-specific laws. Let’s break down what you need to know to feel more confident as you move forward with your claim.

How Insurers Decide Who’s at Fault

Insurance companies don’t just take one person’s word for it. To determine fault, a claims adjuster will conduct an investigation. Think of them as a detective for your case, piecing together the story of the accident from all available evidence. This includes carefully reviewing the official police report, looking at photos and videos of the scene and vehicle damage, and reading statements from you, the other driver, and any witnesses. Their goal is to get a clear, objective picture of what happened and assign responsibility based on traffic laws and the facts they’ve gathered. It’s a detailed process designed to establish who was negligent.

What if You’re Partially at Fault?

Accidents aren’t always black and white. Sometimes, more than one person shares the blame. This is called “comparative negligence,” and it can directly affect your settlement. If an insurer finds you were partially responsible for the accident—say, 20% at fault—they will likely reduce your compensation by that amount. So, if your total damages were $10,000, you would receive $8,000. It’s a common tactic for insurers to try and assign you a higher percentage of fault to pay out less, which is why having solid evidence to support your side of the story is so important.

A Quick Guide to Coverage Types and Limits

A third-party claim can cover a range of expenses, including vehicle repairs, medical bills, rental car costs, and even lost wages if your injuries kept you from working. However, what you can actually recover is capped by the at-fault driver’s insurance policy. Every policy has coverage limits, which is the maximum amount the insurance company will pay for a claim. If your damages exceed these limits, you may have to explore other options to cover the remaining costs. These are the kinds of property damage claims that require careful handling to ensure you get what you’re owed.

Georgia’s Rules on Fault and Coverage

Georgia has a specific rule that can make or break your claim. It’s called the “modified comparative negligence” rule, or the 50% bar. This law states that you can only recover damages if you are found to be less than 50% at fault for the accident. If you are determined to be 50% or more responsible, you cannot collect any compensation from the other party. If you are 49% or less at fault, your settlement will be reduced by your percentage of fault. Because of this strict cutoff, it’s crucial to understand how fault is being assigned in your case. If you’re near that 50% mark, you should contact an attorney immediately.

What Kind of Compensation Can You Receive?

After an accident, your main focus is on getting back to normal. A big part of that process is understanding exactly what you’re entitled to. Compensation isn’t just about fixing a dented bumper; it can cover a wide range of costs and losses you’ve experienced because of the crash. The goal of a third-party insurance claim is to make you “whole” again, at least from a financial standpoint. This means the at-fault driver’s insurance company is responsible for covering the damages they caused, from the obvious vehicle repairs to the less visible financial hits you might not have considered.

This can include everything from a rental car while yours is in the shop to the wages you lost from missing work. It’s about restoring you to the position you were in before the accident occurred. Insurance companies may not always volunteer a full list of what you can claim, so it’s important to be informed. Knowing your rights and the full scope of potential compensation is the first step toward ensuring you receive a fair settlement that truly covers your expenses. This allows you to move forward without carrying the financial burden of someone else’s mistake.

Getting Your Car Repaired or Replaced

The most immediate concern after a wreck is your vehicle. The at-fault driver’s insurance is responsible for covering the cost to either repair your car to its pre-accident condition or, if it’s a total loss, replace it. An adjuster will assess the damage to determine the repair costs. If the cost to fix it exceeds the car’s actual cash value, the insurer will likely “total” it and cut you a check for its value right before the crash. You have the right to get a second opinion on repair estimates if the insurer’s initial offer seems too low.

Covering Your Medical Bills

If you were injured in the accident, your medical expenses should be part of the claim. This includes everything from the ambulance ride and emergency room visit to ongoing physical therapy, medication, and future medical care related to the injury. It’s crucial to keep detailed records of every bill and doctor’s visit. Depending on the at-fault driver’s policy, a third-party claim can cover these costs up to their coverage limits, ensuring you aren’t left with a mountain of debt for an accident you didn’t cause.

Compensation for Lost Wages

An accident can do more than just damage your car; it can impact your ability to work. If your injuries force you to miss time on the job, you can seek compensation for those lost wages. This applies whether you missed a few days or are unable to work for an extended period. You’ll need to provide proof of your income and the time you missed, such as pay stubs and a letter from your employer. This ensures the financial disruption from the accident is accounted for in your final settlement.

What Is a Diminished Value Claim?

Even after your car is perfectly repaired, it’s worth less than it was before the accident. This loss in resale value is called diminished value, and in Georgia, you are entitled to claim it. Think about it: a vehicle with an accident history is simply less appealing to a potential buyer. A diminished value claim is a specific type of property damage claim you file against the at-fault driver’s insurance to recover this financial loss. It’s a crucial piece of compensation that many people overlook, but it can amount to thousands of dollars.

Accounting for Pain and Suffering

Not all damages are easy to calculate. “Pain and suffering” is a legal term for the physical discomfort and emotional distress you experience because of an accident. This can include anxiety, stress, and the general loss of enjoyment of life resulting from your injuries. While there’s no simple receipt for this kind of harm, it is a real and compensable part of a personal injury claim. Calculating a fair amount for pain and suffering often requires a deep understanding of Georgia law, which is why having an experienced advocate on your side can make all the difference.

How to Negotiate a Fair Settlement

After you’ve filed your claim and submitted your evidence, the negotiation process begins. This can feel intimidating, but it’s simply a conversation about getting the compensation you deserve. The insurance company’s primary goal is to protect its bottom line, which means paying out as little as possible. Your goal is to make sure you receive a settlement that fully and fairly covers all your losses, from car repairs to the loss in your vehicle’s value.

Going into this process prepared can make all the difference. It’s not about being aggressive; it’s about being informed, organized, and firm in what you’re owed. Remember, the first offer is just that—an offer. It’s a starting point for a discussion, and you have the right to counter it with evidence that supports a higher amount. With the right approach, you can confidently work toward a settlement that makes you whole again.

How to Review the First Settlement Offer

When the first offer arrives, take a moment. Don’t feel pressured to give an immediate answer. The insurance company for the at-fault driver is making a business decision, and their initial offer is often much lower than what your claim is actually worth. Your job is to review it carefully and compare it to your own records.

Pull out your documentation: the repair estimates, your medical bills, proof of lost wages, and your diminished value assessment. Does the offer cover everything? Did they overlook a specific repair cost or miscalculate your car’s loss in value? Take notes on any discrepancies. This careful review is the foundation for your counteroffer and shows the adjuster you’ve done your homework.

Common Tactics Insurers Use

Insurance adjusters are trained negotiators. It’s helpful to be aware of some common tactics they might use to minimize your payout. Some may try to rush you into accepting a quick settlement before you even know the full extent of your damages. Others might downplay the severity of the damage to your car or suggest certain repairs aren’t necessary.

They might also record your conversations, hoping you’ll say something that could be used to assign partial fault to you. Knowing these strategies isn’t meant to scare you, but to prepare you. When you understand their playbook, you can stay focused on the facts of your case. This is where having professional legal representation can level the playing field, as an attorney will handle these communications for you.

Smart Strategies for Your Negotiation

Your best tools in a negotiation are facts and a calm demeanor. When you speak with the adjuster, be polite but firm. Clearly present your case using the evidence you’ve gathered. If you’re making a counteroffer, explain exactly why the initial offer was insufficient, pointing to specific repair estimates or other documented costs.

Keep a detailed log of every conversation, including the date, time, who you spoke with, and what was discussed. Follow up important phone calls with a brief email to create a written record. If the process feels overwhelming or the insurer isn’t negotiating in good faith, it might be time to get some help. An experienced professional can take over the negotiation for you.

Know When to Accept an Offer (and When to Walk Away)

So, how do you know if an offer is fair? A fair settlement is one that covers all of your documented economic losses. This includes the full cost of repairs, rental car expenses, lost wages, and the diminished value of your vehicle. Before you agree to anything, do the math and make sure the final number truly makes you whole.

If the insurance company’s final offer still falls short after negotiations, you don’t have to accept it. You have other options, including filing a lawsuit in small claims court or hiring an attorney to fight for you. Accepting a settlement is a final decision—once you sign, you can’t go back and ask for more. Make sure it’s a decision you feel confident about.

How to Handle an Insurance Adjuster

After an accident, one of the first people you’ll speak with is an insurance adjuster. This conversation can feel intimidating, but remember, you have control over the interaction. The adjuster’s job is to investigate the claim for the insurance company, which means their primary goal is to resolve the case for the lowest possible cost. Knowing what to expect and how to communicate clearly can make a huge difference in the outcome of your claim. Let’s walk through how to handle this conversation with confidence.

What to Expect from the Adjuster

The insurance adjuster is trained to gather information that will help them evaluate your claim. They will ask you for details about the accident, your injuries, and the damage to your vehicle. They may also ask to take a recorded statement. It’s important to understand that while they may sound friendly and helpful, their loyalty is to their employer, not to you. Their objective is to assess the damages and determine how much the insurance company should pay out. This often means they are looking for reasons to minimize your claim’s value or find you partially at fault. Expect them to be thorough, but be prepared to stand your ground.

Know Your Rights When Speaking to Them

You have more power in this conversation than you might think. First, you are not required to give a recorded statement, especially not right away. It’s perfectly acceptable to say you’re not ready and would like to speak with an attorney first. You have the right to ask questions and get clear answers about the claims process. You also have the right to take your time before accepting any settlement offer. An adjuster might pressure you to settle quickly, but you should never feel rushed. Understanding your rights as a policyholder is the first step toward ensuring you are treated fairly throughout the process.

Tips for Clear and Confident Communication

Preparation is your best tool for dealing with an adjuster. Before you speak with them, have your facts straight, including the date, time, and location of the accident, and the police report number. When you do talk, stick to the facts and avoid speculating or admitting any fault. Keep your emotions in check and your answers brief and direct. It’s also a great idea to document every conversation by taking notes on who you spoke to and what was discussed. Follow up important calls with an email to create a written record. If you feel overwhelmed or unsure how to proceed, you can always get professional guidance.

Red Flags That Signal a Problem

While most adjusters are professional, there are a few red flags to watch out for. Be cautious if an adjuster tries to rush you into a settlement, especially if you’re still receiving medical treatment. Another warning sign is if they downplay the severity of your injuries or the damage to your car. They might dismiss your concerns or ignore important aspects of your claim, like your right to file for diminished value. If the adjuster is evasive, unresponsive, or makes you feel like they aren’t taking your claim seriously, it may be a sign that you need someone to advocate on your behalf.

Avoid These Common Claim Mistakes

Filing an insurance claim can feel like walking through a minefield. A simple misstep can delay your payment or even get your claim denied. Insurance companies are looking for ways to minimize their payout, and common mistakes can give them the reason they need. By being aware of these pitfalls from the start, you can protect your rights and build a much stronger case for the compensation you deserve.

Messing Up Your Paperwork

The moments after an accident are chaotic, but the information you gather is the foundation of your claim. It’s easy to forget a small detail that can cause big problems later. Be thorough and collect the other driver’s name, contact information, license number, and insurance details. Take clear photos of both vehicles, the accident scene, and any visible injuries. A police report is also critical, as it provides an official record of the incident. Keeping all this documentation organized will make the filing process smoother and show the insurer you’re serious. If it feels overwhelming, getting expert help can ensure nothing gets missed.

Missing Important Deadlines

Every state has a legal time limit for filing a claim, known as the statute of limitations. If you miss this window, you could lose your right to seek compensation entirely. In Georgia, the deadline for filing a claim for property damage and personal injury is different, so it’s crucial to act quickly. Insurance companies also have their own internal deadlines for reporting an accident. Don’t wait to start the process. The longer you delay, the more difficult it can be to gather evidence and prove your case. Understanding Georgia’s statute of limitations is the first step to protecting your claim.

Saying the Wrong Thing

After an accident, it’s natural to want to be polite, but saying “I’m sorry” can be misinterpreted as an admission of fault. Stick strictly to the facts when speaking with the other driver and the insurance adjuster. Avoid speculating on who was at fault or discussing the details of your injuries. Any statement you make can be recorded and used by the insurance company to reduce your settlement. Your best strategy is to provide basic information and let the evidence speak for itself. This is where having professional legal representation can be a huge advantage, as they can handle communications for you.

Accepting a Lowball Offer

The insurance company’s first settlement offer is almost never their best one. It’s a starting point for negotiations, and it’s often far less than what you’re actually owed. Insurers are hoping you’ll take the quick cash and close the case. Don’t fall for it. Take time to review the offer carefully and consider all your losses, including repair costs, medical bills, lost wages, and the reduced resale price of your vehicle. You have the right to negotiate for a fair amount. If the insurer won’t budge on an unfair offer, especially for a diminished value claim, it’s time to fight back.

What to Do if Your Claim Gets Denied

Receiving a denial letter from an insurance company is incredibly frustrating, especially when you’re already dealing with the stress of a car accident. It can feel like a final roadblock, but it’s often just another step in the process. The insurer might be hoping you’ll simply give up. Don’t. You have options, and understanding them is the first step toward getting the compensation you deserve. From figuring out why your claim was rejected to filing a formal appeal, here’s what you can do next.

Why Was Your Claim Denied?

Before you can fight a denial, you need to know why it happened. Insurance companies are required to give you a reason for their decision. Common reasons include the insurer believing their client wasn’t at fault, questioning the extent of your vehicle’s damage, or claiming your policy doesn’t cover the incident. Your first action should be to request this explanation in writing. A formal letter from the insurer gives you a clear starting point and creates a paper trail, outlining the exact arguments you’ll need to counter in your appeal.

How to Appeal the Decision

Once you have the denial reason, you can begin building your appeal. The first denial is not the final word. Start by gathering any additional evidence that strengthens your case, like more detailed photos, witness statements, or a second opinion from a trusted mechanic. Then, write a formal appeal letter to the insurance company. In it, clearly state you are appealing their decision and systematically address each reason they gave for the denial, presenting your new evidence. This is where having a professional experienced in property damage claims can make a significant difference.

When to Consider Legal Action

If your appeal is denied or the insurance company refuses to negotiate in good faith, it may be time to consider legal action. This doesn’t always mean a lengthy court battle. Sometimes, hiring an attorney is enough to make the insurer take your claim more seriously. An experienced lawyer can review your case, explain your legal options, and handle all communication with the insurance company. They can help you determine if filing a lawsuit is the right move to recover costs for repairs and your car’s lost resale value, also known as a diminished value claim.

Don’t Miss the Deadline to Appeal

Time is a critical factor when dealing with insurance claims. Every state has a “statute of limitations,” which is a legal deadline for filing a lawsuit. In Georgia, you generally have four years from the date of the accident to file a claim for property damage. If you miss this window, you lose your right to pursue compensation forever. That’s why it’s so important to act quickly after your initial claim is denied. Don’t let the insurance company’s delays cause you to miss your deadline. Contacting an attorney can help you stay on track and protect your rights.

Frequently Asked Questions

Do I have to pay my deductible if I file a claim with the other driver’s insurance? No, you shouldn’t have to pay your deductible when you file a third-party claim. Your deductible only applies when you file a claim with your own insurance company under your collision coverage. Since the other driver was at fault, their insurance is responsible for covering the full cost of your damages up to their policy limits, which means you don’t have to pay anything out of pocket for covered repairs.

My car was repaired, but now it has an accident history. Can I be compensated for its lost value? Yes, absolutely. That loss in resale value is called “diminished value,” and you are entitled to recover it in Georgia. Even with perfect repairs, a car with an accident on its record is worth less to a potential buyer. A

The other driver’s insurance adjuster wants to record my statement. Should I do it? It’s generally best to politely decline giving a recorded statement. While it may seem like a standard request, the adjuster’s job is to find ways to minimize the payout. They are trained to ask questions that might lead you to say something that could be misinterpreted or used to assign partial fault to you. You are not legally required to provide a recorded statement, and it’s wise to consult with an attorney before doing so.

What if the insurance company says I was partially to blame for the accident? This is a common tactic used to reduce your settlement. Georgia follows a “modified comparative negligence” rule, which means you can still recover damages as long as you are found to be less than 50% at fault. However, your compensation will be reduced by your percentage of fault. For example, if you are found 20% responsible, your settlement will be reduced by 20%. If you are found 50% or more at fault, you cannot recover anything.

What if the at-fault driver’s insurance isn’t enough to cover all my car repairs? This happens when your damages exceed the at-fault driver’s policy limits. If the other driver has minimum coverage, it might not be enough to pay for extensive repairs. In this situation, you may need to use your own underinsured motorist coverage if you have it. Another option is to pursue the at-fault driver directly for the remaining amount, which often requires legal assistance to be successful.