When you’ve been seriously injured in a car accident, recovering your losses can quickly become an uphill battle, especially if the at-fault driver’s insurance policy falls short of covering everything you’ve suffered. Medical bills, lost income, property damage, and pain and suffering can add up to amounts far exceeding what a standard insurance policy pays out, leaving you wondering whether you have any other legal options. In Pennsylvania, many accident victims don’t realize they may have a path to full compensation beyond just collecting from an insurance settlement.
At Rubin, Glickman, Steinberg & Gifford, P.C., our car accident lawyers have helped injured Pennsylvanians navigate exactly these situations. As a firm recognized as a “Best Law Firm” by U.S. News & World Report every year since 2010 and AV-Rated by Martindale-Hubbell for the highest ethical and professional standards, we understand that insurance companies often don’t have your best interests in mind, and neither do their policy limits.
When Insurance Isn’t Enough in Pennsylvania
Pennsylvania is a choice no-fault state, which means drivers select either limited tort or full tort coverage when purchasing auto insurance. If you elect full tort, you retain the right to pursue compensation for pain and suffering directly against the at-fault party, regardless of the severity of your injuries. If you selected limited tort, your options are more restricted, though exceptions apply in cases involving serious injuries. Understanding which option governs your policy is one of the first steps in evaluating whether a personal lawsuit makes sense.
Once your damages exceed what the at-fault driver’s liability insurance covers, their personal assets may be the next logical avenue for recovery. This is commonly called a “judgment beyond the policy limits,” and it is entirely legal in Pennsylvania. Winning a court judgment against someone means that the difference between their policy maximum and the full value of your damages can potentially be collected from their wages, bank accounts, or other non-exempt assets.
What to Consider Before Suing Someone Personally
The most important practical question before suing someone personally is whether they have assets worth pursuing. Pennsylvania law does provide certain exemptions that protect a portion of a person’s assets from creditors, including wage garnishment limits and homestead protections. If the at-fault driver has no significant income, savings, or property, obtaining a judgment against them may not translate into actual recovery, even if you win in court.
An attorney can help investigate the defendant’s financial situation before you commit to litigation.
It’s also worth exploring whether other sources of compensation exist before pursuing personal litigation. Your own policy may include underinsured motorist (UIM) coverage, which can help bridge the gap when another driver’s insurance falls short. Pennsylvania requires insurers to offer UIM coverage, though policyholders can waive it in writing. If you carry this protection, it can be a faster and more reliable route to compensation than pursuing a personal lawsuit.
Collecting on a Judgment
Even when you obtain a judgment against someone, collecting on it is a separate challenge. Pennsylvania allows successful plaintiffs to garnish a defendant’s wages, place liens on real property, and levy on bank accounts to collect what they’re owed. Judgments in Pennsylvania are valid for five years and can be renewed, giving you a window to collect even if the defendant’s financial situation improves over time. An experienced personal injury attorney can help you understand the most effective collection strategies based on the defendant’s specific circumstances.
In some accidents involving commercial vehicles, rideshares, or defective products, additional defendants with greater insurance coverage and deeper pockets may share liability for your injuries. Identifying all potentially liable parties is a critical part of building the strongest possible case and maximizing your chances of full compensation. The truck accident lawyers and wrongful death lawyers at our firm are experienced in pursuing these complex claims when multiple parties share responsibility.
Contact Rubin, Glickman, Steinberg & Gifford, P.C. for Guidance on Your Options
If you’ve been injured in a car accident and fear that the at-fault driver’s insurance won’t be enough to make you whole, the legal team at Rubin, Glickman, Steinberg & Gifford, P.C. can help you understand every option available to you under Pennsylvania law. Our attorneys serve clients throughout Southeastern Pennsylvania, including Doylestown, Lansdale, Norristown, King of Prussia, North Wales, Ambler, and Telford. With a team approach that combines big-firm resources with the personal attention of a smaller practice, we are committed to pursuing every dollar you deserve.
To speak with one of our attorneys about your case, contact us today for a free initial consultation. In personal injury matters, we work on a contingency fee basis, which means there are no upfront costs and no fees unless we recover on your behalf.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
March 4, 2026
