Can a insurance company be sued for more than the amount of coverage that the policy is?

In answering your question, I am assuming that you are suing an individual who has automobile insurance and not actually suing the insurance company itself for some sort of bad faith claim. If that is the case, you are not usually suing the insurance company but are suing the insured or the operator of the vehicle.  The insurance company covering the vehicle then defends and pays any judgment up to the policy limits, assuming there is not some exclusion from coverage.  Any judgment in excess of the policy limits could be covered by an under insured motorist policy, if one exists, but ultimately is collectable from the person being sued.  The amount of insurance provided by the insurance company is not a cap on the amount you can receive but may be a cap on the amount that you can receive without going after the driver's assets. As an aside, this is why minimum coverage insurance does not usually protect you in the case of a serious wreck. With that said, there are certain circumstances that, if an insurance company does not settle a claim in good faith, that the insurance company can be liable for an amount in excess of the policy limits because they put their insured's assets at risk without any justification.   For example, if a claim is worth $65,000, but there is only $25,000 in liability insurance coverage, then the insurance company should offer to settle the claim for their policy limits of $25,000 to avoid putting their insured at risk to have to pay the $40,000 that the insured would be responsible for after a judgment.  If, in this scenario, the insurance company refused to settle for $25,000 then the insurance company could be liable for more than the policy limits under a bad faith claim.  The insurance company could also be liable for punitive damages in a suit by their insured for failure to settle the claim and protect the insured. I hope this helps answer your question.Paul GhanouniAttorney at LawLaw Office of Paul Ghanouni, P.C.Handling Accident, Injury, and Criminal Cases221 E. Main StreetCanton, GA 30114Phone: 770-720-6336Fax: 770-720-6339www.PGLawOffice.com