A personal injury case's maximum recovery is a function of liability and available insurance coverage. Liability is something the attorney builds; coverage is something the attorney finds. The worst version of this scenario plays out when a client settles for policy limits on a $25,000 auto liability policy, the case closes, and the attorney later learns that the at-fault driver was on a business errand at the time of the crash and the employer carried a $1 million commercial auto policy that was never identified. That scenario happens in high-volume PI practices more often than the profession acknowledges. The fix is a systematic coverage verification protocol at intake.
The At-Fault Driver: Beyond the Declaration Page
The first coverage layer is the at-fault driver's personal auto liability policy. The police report usually identifies the insurer and the vehicle. The insurance card exchanged at the scene often has the policy number. From there, the claims adjuster can confirm limits when a claim is reported.
What the declaration page does not show: whether the driver had an umbrella policy that provides excess coverage above the auto liability limit; whether the vehicle was owned by a parent, employer, or other third party who carries separate coverage on it; whether the driver was permissively using someone else's vehicle, which would implicate both the owner's policy and the driver's own coverage; and whether the driver had a commercial auto policy in addition to personal auto because they regularly drove for business purposes.
At intake, ask: Was the at-fault driver in the course of any business activity at the time of the crash? Was the vehicle a personal vehicle or a business vehicle? Who owns the vehicle? Does the at-fault driver have an umbrella policy? These questions cost nothing to ask and can double the available coverage when the answers identify additional layers.
Business-Use Coverage: The Most Commonly Missed Layer
When the at-fault driver was running an errand for an employer, delivering goods, traveling between job sites, or using a personal vehicle for any employer-directed purpose at the time of the crash, the employer's commercial general liability or commercial auto policy is likely available. The employer's policy may provide limits of $1 million or more that the driver's personal policy does not come close to matching.
Establishing business-use coverage requires identifying: the driver's employer; whether the employer had a commercial auto policy covering employees' personal vehicles driven for business purposes; whether the employer carried a hired-and-non-owned auto endorsement on its commercial policy; and whether the employer's CGL policy has an auto exclusion that would exclude this claim.
Served together early, an insurance coverage interrogatory and a request for production of all applicable insurance policies, naming both the driver and the employer as respondents, will identify commercial coverage that the driver either does not know about or has no incentive to disclose. File that discovery early, before any statute of limitations concerns require the driver's employer to also be named and served.
Your Client's Own Coverage: UM/UIM, Med-Pay, and PIP
The client's own auto policy is the next coverage layer to verify. In most states, the at-fault driver's liability coverage is the primary source of recovery, but if that coverage is inadequate, the client's uninsured or underinsured motorist coverage provides additional capacity. UM/UIM limits are set by the client's own policy and vary widely: a client who carries $100,000 UM/UIM on a policy backed by a $25,000 at-fault driver's policy has $75,000 of UIM coverage available after the primary limits are exhausted, assuming the jurisdiction allows stacking.
Medical payments coverage (Med-Pay) and personal injury protection (PIP) in applicable states pay medical expenses without regard to fault and are available immediately, often before settlement. Request the full client declarations page at intake, not just the liability information. Med-Pay limits of $5,000 to $25,000 are common and are often forgotten until after medical liens have already accumulated.
If your client was in a vehicle that belongs to a family member or employer, those vehicles' policies may also apply. A client injured as a passenger in a family member's car can often access the family member's UM/UIM coverage in addition to the at-fault driver's liability coverage. Identify every vehicle your client might have access to as a household member or permissive user and check the applicable policy for UM/UIM and Med-Pay coverage on each.
Fleet Policies, Rental Cars, and Rideshare
When the at-fault vehicle was a rental car, the rental company's loss damage waiver and liability coverage apply alongside the renter's personal auto coverage. The rental company's third-party liability policy typically provides $1 million in limits for bodily injury to others.
When the at-fault driver was driving for a rideshare platform, the period of the trip determines which policy applies, and TNC coverage in Period 3 (active trip) is $1 million per occurrence for most major platforms. Verify the trip status through the platform's data, not just the driver's account.
Fleet vehicles operated by commercial entities carry fleet policies that are often much higher than what a single vehicle owner would carry. Construction firms, delivery companies, and service businesses typically carry fleet policies of $1 million or more per occurrence. A preliminary corporate records search on the vehicle registration can identify fleet ownership early.
The Coverage Verification Checklist
Build the following into your intake protocol as a checklist that must be completed before the first demand letter is drafted:
- At-fault driver's personal auto policy (limits, insurer, policy number)
- At-fault driver: was in course of business use? Employer identified?
- Employer commercial auto or HNOA endorsement (request within 30 days)
- Vehicle owner identified? Owner's separate insurance policy?
- Client's own UM/UIM limits and Med-Pay/PIP coverage
- Other household vehicles potentially covering client as permissive user
- Rental car, fleet, or rideshare status of at-fault vehicle
- Any umbrella policy disclosed by at-fault driver or employer
Completing this checklist before demand means every policy is in the demand strategy, every insurer has been put on notice of the claim, and no coverage is abandoned by a premature settlement with one carrier. For the broader case intake workflow and how insurance verification integrates with medical record collection and initial case evaluation, see the practice operations archive. For specific coverage questions in rideshare and UM/UIM contexts, the auto accidents section has detailed coverage analysis.