Yes, potentially. Pain and suffering damages are covered by most auto insurance liability policies, and the at-fault driver’s insurance carrier is required to pay for all damages caused by the accident up to the policy limit. When injuries are severe or life-changing, however, the amount of pain and suffering may be well above the policy limit. If the carrier exhausts the policy to pay the claim but the damages exceed the limit, the victim can file a lawsuit against the at-fault driver to recover the remaining amount.
If the case goes to trial, a jury is free to award any amount it sees fit for pain and suffering, which may be far more than the coverage provided under the policy. The at-fault driver is then obligated to pay the difference between the liability policy and the verdict (unless there are extenuating circumstances that allow the insured to claim the carrier mishandled the claim and must, therefore, pay more than its limit). For example, if there’s a million-dollar verdict and a $500,000 policy limit, the insurance company is obligated to pay $500,000—the defendant must pay the rest out of their personal assets unless there’s evidence the carrier handled the claim in bad faith.