What happens if a person has liability insurance and totals another car worth more than their policy can cover?

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1244275

2026-02-25 20:40

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The Insurance co will pay the policy limit. You can sue the driver for the rest, obtain a judgment and enforce in order to collect all your damages.

Word of advise here, the Insurance co will ask you to sign a release of all claims, meaning that once you receive the check you can not sue the driver, it is standard practice for them.

Do not sign a release unless paid in full, you're not obligated to sign it in order to collect all your damages, either.

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