by gree7167 » Thu Mar 25, 2010 02:08 pm
Wife was in accident January 2009. She started up when the left hand turn signal turned green and was hit by a large SUV. Totaled our car and some damage to the other guys left front fender and bumper. At time of accident there was no injuries, he is now claiming injuries and in the suit has not specified any dollar amount. In addition the insurance company has received a copy of the suit but my wife has not. What is the liabilty if the amount awarded is greater then the insurance amount and should my wife retain a lawyer now.
Posted: Thu Mar 25, 2010 10:50 pm Post Subject:
What is the liabilty if the amount awarded is greater then the insurance amount and should my wife retain a lawyer now.
Your carrier will provide a legal defense at no cost to you...The chances of this actually going to court are slim to none...Your carriers job is to try to settle any and all claims within your policy limits, (what are your BI limits by the way). They will not pay a dime, without a release from this guy, which bars him from coming after you for more money. That is their job to protect you from that very thing (an excess judgement)....If your carrier would pay out anything and not get a release (which remember protects you from any further action), you'd have a giant bad faith claim.Suits are filed all the time for multiple reasons, the main one is to stop the statute of limitations from running out. When a suit is filed it stops this from running out. Do you know what your state statute is?
Stay in close contact with your claims adjuster..make sure they get any and all docs you all receive.
To answer your question...if an excess judgement were entered, I'd think your carrier would appeal it, but on the one in a million chance that an excess judgement was entered, then you would have to pay that excess...but I tell I've been in this biz for 23years now, I've seen one excess judgement, and that was only because the insured was flat loaded....
Try not to worry...
Posted: Thu Mar 25, 2010 11:41 pm Post Subject: insurance
Umm.......LORI, gonna ask YOY this question. With car accidents, isn't there any kind of SOL on them? How can someone 'come back' a year from now, and try to sue? Things have changed, witnesses are probably gone (if any), etc?
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