by Islandflashback » Sun Sep 14, 2008 12:12 am
My wife was driving my car with me as a passinger, she stoped at a yeild sign the started through intersection and we were hit as the other car came around the bend. It was determined to be our fault. Damages for my car and the other car were paid by my insurance company. Now 2 years later we are told he is claiming more medical and emotional damages and his wife who was not in the car is caliming loss of affection and other things in excess of the 100,000 limit on my insurance. My wife is very concerned about the loss of our home, we don't have any money to pay any more. By the way the guy I hit is an accident attorney. What should we do? We live in the state of NH.
Posted: Sun Sep 14, 2008 06:25 am Post Subject:
Have you actually received suit papers? Who was it that told you the claim being made exceeds your policy limits? Get in touch with the adjuster from your insurance company that is handling the claim so they can give you an update on the status. It may be that the initial demand made exceeds your policy limits, but the claim will likely settle within your limits.
Posted: Sun Sep 14, 2008 02:05 pm Post Subject:
Now 2 years later we are told he is claiming more medical and emotional damages and his wife who was not in the car is caliming loss of affection and other things in excess of the 100,000 limit on my insurance
It is pretty standard in my states that a spouse has a loss of consortum claim as well...surely this claim was turned in at the time of the loss, and they are just now ready to settle....what are the statute of limitations in your state for Bodily Injury claims? I assume they are attorney rep'd? Do you have a lot of wealth on a personal or professional level? Most claims from atty's will demand excess claims....do you know the nature of the injury? What does your adjuster have to say?My wife is very concerned about the loss of our home, we don't have any money to pay any more.
It is your ins company's obligation to try and settle all claims within your limits...don't worry about your home or an excess judgement right now...these rarely ever happen and only to those that have pockets to dip into!By the way the guy I hit is an accident attorney. What should we do?
I once rearended two attorneys in my Company vehicle! :shock: Contact your adjuster and see what they say first...Posted: Sun Sep 14, 2008 07:18 pm Post Subject:
(below was left in my in box-cannot respond privately as apparently not fully signed in :? )
I assume that the wifes claim was put in on time. I do not know what the state of NH's statutues are. I think him being an a attorney(accident injury) he is handling it himself? He states it was sholder and neck and he had anoperation on his sholder. I know injuries can come up after the accident because he said he was fine and did not need any medical attenion. We have a home and two businesses that all are morgaed to the hilt and nomoney in the bank and no stocks. Great time to own a business right now. My ins. co. called last week and told me if I receive any papers that I should disregard them. The papers did come from the courts telling us that we had 10 days to file guilty or not guilty, if we don't then we are guilty.The insurance rep said they were turning it over to the attorneys to take care of it Do I still file this paper as not guilty? So confused
Posted: Sun Sep 14, 2008 07:21 pm Post Subject:
I think him being an a attorney(accident injury) he is handling it himself?
I'm sure he is or his partner is...The papers did come from the courts telling us that we had 10 days to file guilty or not guilty, if we don't then we are guilty.The insurance rep said they were turning it over to the attorneys to take care of it Do I still file this paper as not guilty? So confused
You should be fine, but I'd ask the adjuster to send me something in writing saying they are handling it, and you need not appear (in case something get's lost in the suffle)Posted: Mon Sep 15, 2008 07:03 am Post Subject:
The insurance rep said they were turning it over to the attorneys to take care of it Do I still file this paper as not guilty? So confused
When the insurance company has said that it will handle the matter, IMO you should let them do it. Its the responsibility of the insurance company to safeguard the interests of its clients if they face lawsuits. The insurer should also arrange for an attorney to plead your case before the court and cover all the legal expenses.
If you don't have assets to protect the other party can't take any excess amount from you, they have to settle it within the policy limit. Hence, you may not lose your house.
At this juncture, you need to maintain a constant touch with your insurer and follow their instructions accordingly. I'm sure they will soon find a way to settle the matter out of court. The maximum the claimant can receive is your policy limit, losing the house is out of question.
~Jeremy
Posted: Mon Sep 15, 2008 07:23 am Post Subject:
In the state of New Hampshire the statute of limitation for filing claims for injuries and wrong full deaths runs for two years. Hence, you can inquire whether the claim is within the Statute of Limitation or not.
Also, NH practices the rule of comparative/contributory negligence which implies that the party can't seek compensation for his contribution in the accident.
I agree with the other posters you should contact your insurance adjuster immediately and ask for the status of the claim. I'm also keeping the hope alive that the claim may get settled well within the policy limit.
Posted: Mon Sep 15, 2008 10:41 am Post Subject:
statute of limitation for filing claims for injuries and wrong full deaths runs for two years.
That is just what I figured...that is why they HAD to file suit to stay the statute, they will now enter negotiations with your adjuster, I'll bet...If they didn't file prior to the running of the statute they would've been out of luck.It'll be ok, just call you adjuster and talk with them frequently!
Posted: Mon Sep 15, 2008 12:33 pm Post Subject:
Why is it that they wait until it is almost the 2 year mark and then decide to sue? Why not just get it over with once all the injuries are taken care of or known to be lifelong? That means someone has to sit and worry about whether they could be sued or not. You would think that $100,000 would be enough for them not to take someones house...times are hard enough.
Lori, is it normal for the person who was at fault to get a letter saying they are being sued? I thought those just got sent off to their insurance company.
Posted: Mon Sep 15, 2008 12:50 pm Post Subject:
Lori, is it normal for the person who was at fault to get a letter saying they are being sued? I thought those just got sent off to their insurance company.
Not only is it normal it's the only way...they HAVE to sue the insured, cannot even mention the insurance company anywhere, including should it actually go to trial...this happens a lot if either it got away from the attorney (the time line) or they are still treating etc...he (the atty) has to file suit to stay (stop) the statute from running...that's all this is I'm sure, well as sure as I can be...this is not at all uncommon especially in states with short statues...LA used to get suits filed on every claim because their statue was only one year...(don't know if still is or not)....very common occurancePosted: Sun Sep 21, 2008 12:37 am Post Subject:
wow I can not imagine being one of those people getting a letter. Can't they just call the ins. company and have them take care of it?
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