If you were in a car accident and you werent at fault ..there was a total of three cars...damage amount is larger then liability

Unfortunately, the insurance company is only obligated to pay up to the maximum policy limit amount. You could collect the full amount from the person or persons that hit you but, an insurance settlement would probably require that you sign a release and agree not to go after them personally. If there were multiple persons involved, you could try to get the maximum from each party's insurance policy, assuming the other two parties were both at fault. Alternatively, you could submit the claim to your own insurance carrier.

The answer to this question will vary from State to State. In the State of Missouri, if you are involved in an motor vehicle accident of the nature you described, you will have to make some tough decisions. This is best explained in a hypothetical scenario. Lets say that the person who was at fault for the motor vehicle crash had an insurance policy of 50/100. This means that the most any one person in the accident can obtain is $50,000.00. It also means that the most ALL of the accident victims can obtain is $100,000.00. This is of course all depending on the extent of your injuries and whether or not they warrant that much money. For sake of this scenario, lets say that 4 people were injured by the negligent driver and each had injuries exceeding $50,000.00 in value. Under the above scenario the injured parties will have to make a tough decision. As an injured party, you have the right to sue the negligent driver and have a jury determine the value of your damages. If a jury determined that you had $100,000.00 of damages alone, the insurance company would have to pay you $50,000.00, and it would then be your responsibility to collect the remaining $50,000.00 from the negligent driver. If the person who caused the accident has no money or assets, you may be stuck holding a piece of paper which is valueless. The negligent driver may also file for bankruptcy and potentially discharge the debt. In addition to the complexities of collection, the process of Trial is generally much longer than the process of settlement. Parties in this scenario often all get together and try to work out a favorable distribution of the $100,000.00 between the 4 parties in order to get the case settled with the incurring the time and cost of a jury trial. If the parties are unable to come to an agreement, a Judge or Jury will be required to apportion the available between the injured parties. It is in your best interest to immediately contact an attorney in your State to discuss your options.

In addition to what was said above, you should look into the possibility of any of the drivers or yourself having Underinsured Motorist (UIM) coverage. Be sure to talk with your insurance agent regarding this.

Generally the proceeds are divided up on a pro rata basis where the policy is not large enough to cover all the damages. If you were insured, you could collect the difference from your carrier. If you were not, you do not have to accept the allocation and can sue the person for the total amount of the damages. If this amount is less than $7500 or you wish to limit your claim to that amount you can do so in Small Claims.