At-fault policy-limit and subrogation explainer

Shows when the at-fault driver's "full and final" offer is just their policy limit, and how your own insurer's subrogation and your other coverages stack.

Skill
№ 17
Life event
Insurance claims & accidents
Tools
03
Sources
08

Situation crash or property damage caused by another driver; a liability insurer offers a “full release” check

01Problem

The at-fault driver’s insurer can offer the policy limit, call it a “full and final” settlement, and never say the number is the cap. In the October 2026 Virginia garage thread the $25,000 figure matches Virginia’s property-damage minimum (Va. Code § 46.2-472 for policies on or after Jan 1, 2025) — not the old 25/50/20 BI floor, and not the current 50/100 BI minimum. Your own insurer’s subrogation comes out of the same limit. A full release can wipe BI, UIM, and the right to pursue the driver personally, while leaving medical liens unpaid.

02Intake

  • Police report, photos, repair estimates, medical bills, lost wages, running total of PD + BI + uninsured losses.
  • Written offer, any release, every check (front and back).
  • Your declarations: collision deductible, rental, MedPay, UM/UIM (stacked?), BI liability limits.
  • At-fault insurer, claim number, named insured, any limits statement already given.
  • Whether collision, health, or MedPay has paid, and any subrogation/reimbursement letter or ERISA plan language.
  • Crash state, at-fault policy state, policy effective date (minimums follow the policy date, not the crash date); umbrella, extra vehicles, assets.

03Playbook

  1. 01

    Decode the three numbers. Liability is BI per person / BI per accident / PD per accident (e.g. 25/50/25). Per-person BI is the most for one injured person. Per-accident BI is the cap for everyone, still subject to the per-person cap. PD is a separate cap. They do not share a pot unless combined-single-limit. MedPay and PIP are first-party on the injured person’s own policy, not the at-fault driver’s BI.

  2. 02

    Do not guess the limit from the offer. A number that matches the state minimum is a tell, not proof. Florida § 627.4137: within 30 days of written request, a liability insurer must provide a statement under oath of a corporate officer, claims manager, or superintendent: insurer name; each insured; limits; any coverage defense reasonably believed available; a copy of the policy — including excess or umbrella. Ask in writing everywhere; in Florida, cite 627.4137.

  3. 03

    Look up the state minimum for the at-fault policy’s effective date, then confirm on the actual policy. III’s table is still “as of December 2023” and is stale on 2025–2026 increases. Overlay (see State variation): VA 50/100/25 (on/after Jan 1, 2025) — the garage-thread $25k is the PD number; CA 30/60/15; NC 50/100/50; NJ Standard 35/70/25; HI 40/80/20; FL no compulsory BI, $10,000 PD + $10,000 PIP. Always use crash-state statute + policy effective date.

  4. 04

    Stack every policy that might pay. Personal auto + household policies + umbrella/excess + employer auto if course-and-scope + garagekeepers if a shop had possession. Florida 627.4137 includes umbrella in the sworn statement. Signing a primary-only release while an umbrella sits unused is a permanent loss.

  5. 05

    Split PD from BI before anyone drafts a release. A PD-only release names the vehicle/VIN and reserves BI, UM/UIM, MedPay, and PIP. A “full and final release of all claims” on a $25,000 PD check can extinguish a later fracture and UIM. UCC § 3-311 can turn a “full and final” check into accord-and-satisfaction even without a separate release.

  6. 06

    Subrogation hits the same limit. If collision already paid $20,000 and PD is $25,000, that $20,000 is not extra — your carrier takes it back from the same $25,000. Net new money = limit − other claimants − collision subrogation − health-plan reimbursement − liens. The 680-upvote Reddit comment is doctrinally correct.

  7. 07

    Made-whole is the default — until the contract says otherwise. Majority common law: the insurer does not take subrogation until the insured is whole (including deductible). Policy clauses and ERISA plan documents can contract around it. ERISA self-funded: US Airways v. McCutchen, 569 U.S. 88 (2013) — plan terms govern; made-whole cannot override clear reimbursement language. If the plan is silent on fees, common-fund is the default (McCutchen facts: $110,000 recovery, 40% fees, $66,000 net; plan had paid $66,866). Read the SPD and the plan document.

  8. 08

    UM/UIM is often the real policy. UM pays when the at-fault driver has no (or not enough) BI. UIM pays the gap (difference-in-limits vs excess — read the form). VA UM is mandatory and cannot be reduced below liability; HI UM is included unless rejected in writing. A tortfeasor release that destroys the UIM carrier’s subrogation is a classic UIM denial. Get written consent to settle before releasing the driver.

  9. 09

    Liens sit on the BI money. Hospital liens, Medicare/Medicaid, and ERISA reimbursement can consume a minimum-limits tender. Made-whole sometimes works against hospital liens and insured plans; it generally fails against a clear ERISA clause. Condition the release on written lien reductions.

  10. 10

    A full release is dangerous when: treatment is incomplete; PD exceeds the PD limit; multiple injured people share one per-accident cap; an umbrella is undisclosed; UIM has not consented; a health plan or hospital has an open lien; the check is “full and final” on a disputed amount. Safer: a policy-limits release naming covered parties, limited to those limits, reserving UIM, conditioned on a sworn no-other-coverage affidavit, unsigned until liens are reduced.

  11. 11

    Collectability is a separate question. Minimum-limits driver + no umbrella + no assets = the BI/PD limit is the money, plus your UM/UIM, collision, MedPay/PIP, and health. Do not burn UIM. House equity, a commercial policy, or an employer is a reason to investigate — not a reason to sign in 48 hours.

  12. 12

    Your first-party file is separate (skill 1). Collision pays regardless of the other driver’s PD limit (minus deductible), then subrogates. Do not delay collision waiting on a $10,000 or $25,000 third-party tender.

04Checklists

At-fault policy-limit and subrogation explainer

  • Damages totaled: PD, BI, rental, deductible, uninsured items
  • At-fault policy effective date and crash state identified
  • State minimum looked up for that effective date, then confirmed on a sworn disclosure or declarations
  • Written limits request sent (Florida: 627.4137, 30 days, under oath, include umbrella)
  • Umbrella / employer / additional vehicles asked about
  • PD and BI split; no full release while treatment is open
  • Collision / MedPay / health payments listed; subrogation against the same limit computed
  • Health-plan SPD and plan document read (McCutchen if ERISA)
  • UIM consent-to-settle in writing before any tortfeasor release
  • Liens inventoried; reduction letters sent
  • “Full and final” refused on a disputed amount
  • Own first-party collision/UM/UIM file opened in parallel

05Questions to ask

  1. Q01

    “State in writing the per-person BI, per-accident BI, and PD limits on every policy, including excess and umbrella, and attach a copy. This is a request under Fla. Stat. § 627.4137 [or the crash-state analogue].”

  2. Q02

    “Is $[offer] the full PD limit, the full BI limit, or something else? If less than limits, what is held back and why?”

  3. Q03

    “Name every insured and every additional policy, including household, employer, and umbrella.”

  4. Q04

    “Will you issue a PD-only release that reserves all BI, UM/UIM, MedPay, and PIP claims?”

  5. Q05

    “Reissue this check without ‘full and final’ language (UCC § 3-311).”

  6. Q06

    “Has any other claimant made a claim against these same limits?”

  7. Q07

    “To my UIM carrier: do you consent in writing to settle for $[limit] and waive any consent-to-settle defense?”

  8. Q08

    “To my health plan: quote the reimbursement clause, state whether you assert made-whole, and state the dollar amount you claim.”

06Red flags

  • Offer equals the state PD or BI minimum and the adjuster “implies” it is limits without saying so

  • 48-hour deadline on a release

  • Single release covering “all claims, known and unknown,” while you are still in treatment

  • Check payable to you and your collision carrier and the hospital, with no lien-reduction agreement

  • UIM carrier not copied on the settlement

  • ERISA plan demanding 100% reimbursement from a minimum-limits recovery that does not make you whole

  • Florida insurer ignoring a written 627.4137 request past 30 days, or “we don’t disclose limits until you make a demand”

  • Multiple injured people, one per-accident cap, and a release that does not allocate

07Scripts

Florida (and adaptable) sworn-limits request

Under Fla. Stat. § 627.4137, demand is made that within 30 days you provide a statement under oath of a corporate officer, claims manager, or superintendent, for each known policy including excess or umbrella: (a) insurer name; (b) each insured; (c) liability limits; (d) any coverage defense you reasonably believe is available; (e) a copy of the policy. Forward to all affected insurers. Claimant: [name]. DOL: [date]. Claim: [number]. At-fault insured: [name]. Location: [county].

PD-only, limits-conditional response

I received your offer of $[amount] and a release of “all claims.” PD estimates total $[PD]. I will consider a PD-only release limited to [VIN/structure], conditioned on: (1) written confirmation that $[amount] is the full PD limit on every policy, including umbrella; (2) a reissued check with no “full and final” language (UCC § 3-311); (3) my UIM carrier’s written consent; (4) express reservation of all BI, UM/UIM, MedPay, and PIP claims. I will not sign a general release while treatment is open.

UIM consent + health-plan challenge

To UIM carrier, claim [number]: the at-fault carrier tendered $[limit]. I request written consent to settle and waiver of any consent-to-settle defense. Damages exceed the tender (enclosed). Respond within [14] days. To [health plan]: you paid $[amount]. Send the plan document and SPD reimbursement clause. If ERISA self-funded, McCutchen, 569 U.S. 88 (2013), makes plan text controlling; if silent on fees, common-fund reduces your claim. If made-whole applies, I am not whole: damages $[total], recovery $[limit]. State the dollar amount you assert.

08Tools

Callable over MCP once connected. Your agent passes the inputs and gets structured results back.

limits_stack_net_to_you_calculatorLimits-stack / net-to-you calculator
Allocates bodily-injury limits across injured people (per-person cap, then pro rata by damages under the per-accident cap), nets property damage against collision subrogation, subtracts fees and liens (full lien vs common-fund reduced), and computes UIM in reduction vs excess forms.
state_minimum_limits_lookupState-minimum lookup with effective-date overlay
Returns the state minimum auto liability limits the skill documents (VA, CA, NC, NJ Standard, HI, FL) with effective dates; for other states it points to the III table.
release_language_checkerRelease-language checker
Flags risky phrases in a pasted settlement release or check legend (all claims known and unknown, BI waiver on a PD check, UIM impairment, UCC 3-311 legends) and returns the PD-only reservation language to request.

09Formulas & rules

  • How to read 50/100/25. One person: BI $50,000. Two people: combined BI $100,000, still ≤ $50,000 each. PD $25,000 separate. Worked (VA garage, post-Jan 1, 2025 policy): PD $25,000; repairs $83,000; collision already paid $20,000. Third-party PD = $25,000. Collision subrogation = $20,000. Net new PD to the owner = $5,000. Remaining ~$58,000 is uncollectible from that PD policy unless there is an umbrella or assets.
  • Florida 627.4137. Request received Day 0; sworn statement due Day 30. Worked: mailed Oct 1, received Oct 3 → due Nov 2.
  • Multiple claimants. 25/50/25 policy; three injured with $40k / $30k / $20k. Per-person $25k each would be $75k, but per-accident cap is $50,000, typically pro rata ($40k/$90k × $50k = $22,222; $30k → $16,667; $20k → $11,111) unless a first settler takes $25,000.
  • McCutchen. Plan paid $66,866. Recovery $110,000. Fee 40% = $44,000. Client net $66,000. Plan demanded $66,866. Holding: plan terms control made-whole; common-fund fills a silence on fees.
  • UIM difference-in-limits. UIM = max(0, your UIM − at-fault BI), subject to damages. Worked: UIM $100,000; at-fault BI $25,000; damages $180,000 → $75,000 in a reduction state; excess form may pay up to $100,000 on top (still capped by damages). Read the form. Do not cash a “full and final” check (UCC 3-311).

10State variation

  • Virginia 50/100/25 for policies effective on or after Jan 1, 2025 (Va. Code § 46.2-472(B); VA DMV page current Oct 29, 2026). 2022–2024 policies 30/60/20. Pre-2022 25/50/20 is history. The $500 uninsured-motorist-vehicle fee ended July 1, 2024.
  • California 30/60/15 Jan 1, 2025. North Carolina 50/100/50 July 1, 2025. New Jersey Standard 35/70/25 Jan 1, 2026 (N.J.S.A. § 39:6A-3; DOBI Bulletin 25-06); Basic policy remains a $5,000 PD product with optional BI. Hawaii 40/80/20 Jan 1, 2026 (Act 138 of 2024; DCCA Insurance Division FAQ).
  • Florida still has no compulsory BI; $10,000 PD + $10,000 PIP. 627.4137 unchanged as a 30-day sworn-limits statute.
  • III table at table-archive/21211 is labeled “as of December 2023” and still listed CA 15/30/5, HI 20/40/10, NJ 25/50/25, NC 30/60/25, VA 25/50/20 — do not quote those rows as 2026 law.
  • Made-whole remains majority common law for ordinary insurance subrogation; ERISA McCutchen (2013) is unchanged and still the self-funded health-plan rule.

11Community tactics

  • Ask whether the full-release figure is the policy limit because it matches Virginia minimum coverage — Verified, with a correction. The $25,000 is Virginia’s PD minimum for policies on/after Jan 1, 2025, not BI 50/100. Source: Va. Code § 46.2-472; VA DMV.
  • Account for your own insurer’s subrogation against the same limit — Verified. The 680-upvote comment is right on the math.
  • Ask for the limit in writing — Verified. Best practice everywhere; mandatory in Florida within 30 days under § 627.4137 (sworn, includes umbrella and a copy of the policy).
  • last30days flagged this skill as below 5 community tactics.

12Fact-check notes

  • last30days cited only the r/legaladvice thread. No CFPB, FMCSA, PA PID, NBC News, or ProPublica URL.
  • VA DMV https://www.dmv.virginia.gov/vehicles/insurance-requirements — WORKS. Supports 50/100/25 on/after Jan 1, 2025 and 30/60/20 for 2022–2024.
  • Fla. Stat. § 627.4137 — WORKS. 30-day sworn disclosure including umbrella and a copy of the policy.
  • McCutchen, 569 U.S. 88 (2013) — Cornell LII works. III table https://www.iii.org/table-archive/21211 works but is stale (Dec 2023).
  • Dropped: treating the Reddit $25k as a BI 25/50/20 leftover; dropped unverified vendor “average underinsured” stats.

13Tools to implement

Show the tool specifications
  1. Limits-stack / net-to-you calculator. Inputs: BI per person/accident, PD, umbrella, injured-person count, itemized damages, collision/MedPay/health paid, fee %, ERISA waiver Y/N. Logic: allocate BI subject to both caps; subtract subrogation and liens; apply made-whole or McCutchen. Source: Fla. Stat. § 627.4137 https://www.flsenate.gov/Laws/Statutes/2026/627.4137.
  2. State-minimum lookup with effective-date overlay. Inputs: crash state, policy effective date. Logic: III table (Dec 2023) https://www.iii.org/table-archive/21211 plus VA 50/100/25, CA 30/60/15, NC 50/100/50, NJ Standard 35/70/25, HI 40/80/20, FL $10k PD+$10k PIP. Confirm: https://www.dmv.virginia.gov/vehicles/insurance-requirements ; https://cca.hawaii.gov/wp-content/uploads/2026/01/Auto-Minimum-Limits-FAQs.pdf.
  3. Release-language checker. Inputs: pasted release. Logic: flag “all claims known and unknown,” BI waiver on a PD check, UIM impairment, UCC 3-311 legends. Output: PD-only / limits-only rewrite.

14Sources

  1. 01
  2. 02
    Va. Code § 46.2-472law.justia.com

    Virginia owner’s-policy minimums, including Jan 1, 2025 50/100/25

  3. 03
    Virginia DMV Insurance Requirementsdmv.virginia.gov

    VA DMV, page observed Oct 29, 2026

  4. 04
    Fla. Stat. § 627.4137flsenate.gov

    30-day sworn limits disclosure, including umbrella

  5. 05
    US Airways, Inc. v. McCutchen, 569 U.S. 88 (2013)law.cornell.edu

    ERISA reimbursement; plan terms control; common-fund as default on fees

  6. 06
    Automobile Financial Responsibility Limits By Stateiii.org

    III, as of December 2023 (stale on 2025–26 increases)

  7. 07
    Hawaiʻi Auto Insurance Minimum Limits FAQcca.hawaii.gov

    Hawaii DCCA Insurance Division, Jan 2026 (40/80/20)

  8. 08
    N.J.S.A. § 39:6A-3njleg.state.nj.us

    New Jersey Standard policy 35/70/25 on or after Jan 1, 2026 (P.L. 2022, c. 87)

Demand evidence r/legaladvice drunk-driver garage thread (2,127 pts): $25k full-release offer at ~30% of repairs; u/ektap12 (1,595 upvotes) “Is that their policy limit? Because that’s minimum coverage in VA”; Demand 50 = F2 × P5 × S5