We Recovered More Than Three Times the Insurance Policy Limits
Someone Drove Drunk. Our Client Got Hurt. The Insurance Policy Limit Was $100,000. We Recovered More Than Three Times That.
Our client was seriously hurt in a car crash caused by a drunk driver in Delaware. The at-fault driver had car insurance with a policy limit of $100,000 — the maximum amount the insurance company was obligated to pay under the policy.
We did not accept the policy limits as the ceiling on our client’s recovery. When the case was resolved, the insurance company paid $329,687.50 — more than three times the policy limits.
How Can You Recover More Than the Insurance Policy Limits in Delaware?
Most people assume that the at-fault driver’s insurance policy limits are the maximum possible recovery. That is not always true — and the difference can be worth hundreds of thousands of dollars.
Excess of Policy Limits Recovery — Plain EnglishInsurance companies have a legal duty to act in good faith. When a case is serious and the injured person makes a reasonable demand to settle within the policy limits, the insurance company must respond fairly and promptly.
If the insurer refuses a fair settlement demand, delays unreasonably, or gambles that a jury won’t award more than the policy limits — and loses that gamble — it can be held liable for the entire judgment, even the portion above the policy limits.
This is called excess of policy limits liability. It is a recognized legal strategy in Delaware and is not available in every case — but when the facts support it, the results can be extraordinary.
The Insurance Company Filed a Motion to Stop Us. It Did Not Work.
The insurance company’s legal team filed a formal motion asking the court to block our excess-of-policy-limits strategy and limit our client’s recovery to the $100,000 policy limits.
Lead Attorney Josh Inkell, Esq. directed the overall litigation strategy. Litigation Attorney Tiffany Shrenk, Esq. prepared and argued the response — demonstrating why the insurance company’s motion was legally unfounded and why our client was entitled to pursue recovery above the policy limits.
The insurance company fought us every step of the way. They filed their motion. We responded with the facts and the law. The judge agreed with our position — and after that ruling, the insurance company settled for $329,687.50 — more than three times their own policy limits.
If a Drunk Driver Hit You in Delaware, the Insurance Policy Limits May Not Be Your Ceiling
When you learn the at-fault driver’s insurance policy limits, it can feel like that number defines the maximum you can recover. In the right circumstances, it does not.
We cannot guarantee this result in every case. What we can promise is that we will analyze every angle, fight every motion, and never accept a settlement that falls short of what you are legally entitled to recover.
Insurance companies rely on injured people not knowing their rights. We make sure you know yours.
What Should You Do If a Drunk Driver Injured You in Delaware?
Contact a Delaware DUI accident attorney as soon as possible. Call (302) 297-7775 or email intake@inkellfirm.com. Your consultation is free — no fee unless we win.
Yes, in some cases. Under Delaware law, if an insurance company acts in bad faith by refusing a reasonable settlement demand within the policy limits, it can be held liable for a judgment that exceeds those limits. The Inkell Firm used this strategy to recover $329,687.50 for a DUI accident victim — more than 3.3 times the $100,000 insurance policy limits.
Excess of policy limits recovery holds an insurance company financially responsible for a judgment that exceeds its insured’s policy limits when the insurer fails to act in good faith — for example, by refusing a fair settlement demand when liability is clear and the injured person’s damages exceed the policy limits.
Lead Attorney Josh Inkell directed the strategy and Litigation Attorney Tiffany Shrenk prepared and argued the response to the insurance company’s motion. The court ruled in our client’s favor. The insurance company then settled for $329,687.50 — more than three times the $100,000 policy limits — rather than risk a larger judgment at trial.
Yes. The Inkell Firm offers free consultations for DUI accident victims and all personal injury cases in Delaware. There is no attorney fee unless we recover compensation for you. Call (302) 297-7775 or email intake@inkellfirm.com.
The Inkell Firm is based in Wilmington, Delaware and represents clients throughout the state in DUI accidents, car accidents, premises liability, workers’ compensation, medical malpractice, nursing home abuse, and wrongful death cases.
Important NoticePast results do not guarantee future outcomes. Every case is unique and depends on its own facts, evidence, and legal circumstances. The excess-of-policy-limits strategy described here does not apply in every case and no particular result can be guaranteed. This post is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this post. Attorney advertising.
Were You Hurt by a Drunk Driver in Delaware?
The insurance policy limits may not be the ceiling on your recovery. Find out what your case may be worth — free consultation, no fee unless we win.