by Guest » Wed Oct 01, 2008 02:03 am
Hi,
I am trying to undertand how isurance companies and lawsuits work. Please give me advice if you can. Almost 2 years ago I was involved in an accident where it was my fault. The accident was not that bad and I was not hurt (nor did I think the other guy was either) About a month ago I called by insurance office about something and asked if that claim was all settled because I never heard anything about it since the week after the accident. I was informed then that the claim was still not settled. The guy was suing for $50+. The adjuster told me he thought it would be settled within the week. I have since heard nothing and he has not returned my call yet. I want to know how this works, could this guys sue me personally? I feel very uneasy, I can't even remember all the details from the accident it was so long ago. Should I be doing something or just be letting my insurance handle this?
Thanks for your help
I am trying to undertand how isurance companies and lawsuits work. Please give me advice if you can. Almost 2 years ago I was involved in an accident where it was my fault. The accident was not that bad and I was not hurt (nor did I think the other guy was either) About a month ago I called by insurance office about something and asked if that claim was all settled because I never heard anything about it since the week after the accident. I was informed then that the claim was still not settled. The guy was suing for $50+. The adjuster told me he thought it would be settled within the week. I have since heard nothing and he has not returned my call yet. I want to know how this works, could this guys sue me personally? I feel very uneasy, I can't even remember all the details from the accident it was so long ago. Should I be doing something or just be letting my insurance handle this?
Thanks for your help
Posted: Wed Oct 01, 2008 02:21 am Post Subject:
I would keep in touch with the adjuster and your insurance company to see the status. They will know what the other person is suing for. If the judgement ends up being more than what your insurance will pay, then there is a chance you will be sued personally. You won't know that he will sue you personally until a process server "serves" you paperwork.
Posted: Wed Oct 01, 2008 04:59 am Post Subject:
Which state are you from? If your state is a tort one, then the other guy can sue you for the damages. Lifeisgood has suggested you the right solution, stay in constant touch with your company's adjuster and ask her about the developments.
Have you received any court order yet? The other driver is required to sue you directly for the damages & not your insurance company. I'll go with my fellow poster, you aren't sued until you receive the court papers.
Be rest assured that most of these cases don't see the light of the court date. It may get resolved out side the court by your insurer and the attorney of the other party. Stay positive & keep us updated!!
Posted: Wed Oct 01, 2008 10:30 am Post Subject:
I seriously doubt in fact I'm sure the other person isn't ''sueing'' you...first yes, they would have to sue you, not your carrier and you would've been served suit papers by a process server...(if you are served get the papers to your adjuster ASAP)...most likely he is just attorney rep'd just because they are requesting your policy limits doesn't mean they will get them..this is standard...asking for the moon...settling for much much less...
Of course you let your ins company handle this...you need to be talking with the adjuster handling the claim NOT your agent...call your adjuster ask how it's going and ask that they let you know when this is settled...
Posted: Wed Oct 01, 2008 11:38 am Post Subject:
You should always carry limits on your insurance policy so if you do hit another driver you won't have to worry about them suing you. I have been finding out so much since an accident I was involved in. I know it is hard for most people to swollow the extar costs especially with the way things are today but it will put your mind at ease.
Posted: Wed Oct 01, 2008 01:23 pm Post Subject:
You should always carry limits on your insurance policy so if you do hit another driver you won't have to worry about them suing you. I have been finding out so much since an accident I was involved in. I know it is hard for most people to swollow the extar costs especially with the way things are today but it will put your mind at ease.
Excellent point! Far too many times do I have conversations with people who think the "minimum" required is enough to get by. They simply don't understand the risk they are taking. I tell people that everything they own/will own is in the trunk of their car whenever someone drives somewhere. They are at a huge risk to lose EVERYTHING if an accident happened.
In today's "sue, sue, sue" society, how someone can think the "minimum" is enough just amazes me.
Posted: Fri Oct 03, 2008 01:19 am Post Subject:
I felt that way about sue,sue,sue until I was a victim. I even sat on trying to decide what to do after I was hit by soem younger person, driving 60 around a curve (speed limit was 35) on wet roads and used my truck to stop them. Lifetime injuries and barely any use left in myy dominant arm (from airbag) a dislocated jaw and severe whiplash...I thought the rest of my life has been altered and now I can't even continue my life as it was...So yes..I sued..and am waiting...and finacially in a sinking boat because I am no longer capable of the job and pay I was accustomed to.
I really see why insurance is there now and have changed my prospective.
Posted: Sat Oct 04, 2008 05:23 am Post Subject: Stay on top of your adjuster
Adjusters have a busy work load; however, you are the insured and have a right to know what is going on with your claim. If you don't feel that you are getting information out of your adjuster, let your agent know and ask your agent to get the updates for you. Most agents get paid for renewals, so if they appreciate your business, they'll do their job. Lawsuits can sneak up years later like in your case. It can be a lengthy process as the letter usually comes from an an attorney and then is investigated. In your case, it sounds like they may be asking for bodily injury to be added and that's the hold up. Property damage to the vehicle usually doesn't take long when the insured admits fault , so it has to be a bodily injury issue which can be complicated and depending on how many doctors are involved, can be even more complex. Just keep on top of the agent and adjuster and ask detail questions about what's been done and what's the hold up at this point.
Posted: Sat Oct 04, 2008 10:12 pm Post Subject:
Kimberely it sounds like MO has given you some really good advice here. I would like to believe that most people would not sue some one personally but I still think even if that was an option but the adjuster will take care of all this for you. I agree with Lori...it is better to go straight to the source which would be the adjuster and keep updated.
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