Husbad was at fault in car accident now they wasnt to sue us

Posted: Wed Dec 30, 2009 07:41 pm Post Subject: response to frocha

thats awful!! i think if she does sue, that there is a limit as to how much she can receive for any particular type of injury. I know that my aunt had an accident, she was at fault, it messed her shoulder up and she even had to have surgery, she didn't get anywhere near 15,000 dollars. It is sad that people are so "sue happy", she should get something back for her pain and suffering, but she shouldnt be able to make money off this accident like that. Thats ridiculous! Have you contacted an attorney for yourselves?

Posted: Wed Dec 30, 2009 07:53 pm Post Subject: Husbad was at fault in car accident now they wasnt to sue us

No I Haven't my insurance is asking for her medical records and she is being really hard to work with. They will get me an attorney in case we need it. I can't imagine her wanting more than what my insurance is offering. My husband was the only one seriously injured broke a leg, skull fractures he pretty much almost killed himself and I can't imagine us loosing our home and with 4 months pregnant. I really hope she settles with the claim.

Posted: Wed Dec 30, 2009 10:09 pm Post Subject:

When people say they are being "sued" this usually is not the case. Usually the other party is simply filing a claim under the at fault person's policy. Big difference.

I'm guessing that the other person's injury claim is going to be over and very close to your policy limits. If your carrier determines that it's it's worth something very close to your limits they will probably just offer your limits in order to obtain a release. If the other person wants more then your limits your carrier is still obligated to get a release for your policy limits. A release means that the other person can no longer go after you or your husband for compensation. If the other person does not want to accept your policy limits then your carrier won't pay dime one, the other person will need to file suit at that time, and then your carrier will obtain an attorney for you and provide you a defense.

Here is my recommendation... while this is a serious situation, don't sweat it until someone tells you that the other person won't settle. It's not worth your worrying about it until that happens.

Posted: Tue Jan 05, 2010 06:04 am Post Subject:

who determined your husband was at fault? the police report? claims investigation? did your car make contact with the other cars or did they over compensate and simply lose control as he was passing? what do you mean by provoke? curious as to the details of the loss.

even if the other parties have an attorney, the attorney is simply representing thier interests and filing against your insurance, if the other folks have uninsured motorist coverage, the attorney has filed under their carriers as well. This is normal, until the claims investigation is complete and all the information is available, they're simply just communicating at this point.

you asked the scary question, can they come after your home....theoritically, yes they can. You are held accountable for damages to others regardless your limits of insurance or even if you dont have any insurance. Anything over your limits, the next step can be personal assets for recovery. Although its a possiblility, its very rare. As "tcope" pointed out, These claims usually settle for limits long before thats an issue (companies are req'd to send you a letter that this is a possibiltiy as standard practice), especially if the other party has uninsured/underinured motorist coverage. Attornies usually prefer fast settlements and move on, it's not worth thier time to squeeze blood from a turnip.

Posted: Fri Aug 27, 2010 07:08 am Post Subject: not enough insurance

People are not made to carry enough bodily injury insurance why because it cost to much or they will never need it ? Why did your husband fall asleep, why was he driving? Someone hit me 2yrs ago now they broke my back, I have a frontal lobe brain injury,a torn Rotater Cuff that was not found until almost a year after my accident because I was in so much pain from everything else that it took me that long to really get to use my arm again so i never felt the pain until then.Well the reason I am committing is because the lady that hit me only had 25,000 in insurance medical and bodily injury because that is all my state requires a person to carry.I was the main provider in my house hold my husband is in renal failure and in need of a transplant ,I think you can see how this accident greatly affected my family.We are now losing our home because we don't make enough to pay for everything.I am disabled as well at the age of 38 disability don't pay you much.Well to end what I am trying to say is I would have sued this lady because this all happened to my family because she was on her phone,but she did not own any of her property there for she had nothing I could take and I carried a 200,000.00 insurance policy on everyone and anyone whether it be my fault or not and guess what I still do even with the little bit of money we make it don't cost that much to think about other peoples lives and what they can do to you if you don't have enough insurance.So in the end she paid nothing,but a fine for wreckless driving and my insurance paid for everything else .I still could have sued her and pretty much excepted money from her for the rest of my life and i almost wish i would have because i would have gotten more than 200,000,but i choose to get the money all at once rather than spread out over who knows how many years. Whatever happens I hope you learn from this get more insurance for yourself and good luck with your pregnancy I have three daughters.