by Guest » Tue Dec 28, 2010 04:13 pm
I was hit by a 74 yr old person. He was at fault. He was driving a Toyota Corolla that was part of the Toyota recall.
Three questions:
1. If his insurance company does not offer me a what I feel is a fair amount for my injuries and I decide to take it to court what happens if the at fault driver dies before the claim is settled.
2. Can I sue Toyota since one of their defective vehicles was the reason for the car accident (sticking pedal)
3. If the at fault driver's policy limit is only 25K for Bodily Injury, can I agree to accept that then sue the driver in court? My medical bills are 28k and my health insurance has placed a lien on my settlement for this amount. Therefore it is important for me to try and get more than what they currently just offered me 10K. :(
Also if he does not have any assets can a lien be put on his claim he has with Toyota if I win in court?
Thanks
Three questions:
1. If his insurance company does not offer me a what I feel is a fair amount for my injuries and I decide to take it to court what happens if the at fault driver dies before the claim is settled.
2. Can I sue Toyota since one of their defective vehicles was the reason for the car accident (sticking pedal)
3. If the at fault driver's policy limit is only 25K for Bodily Injury, can I agree to accept that then sue the driver in court? My medical bills are 28k and my health insurance has placed a lien on my settlement for this amount. Therefore it is important for me to try and get more than what they currently just offered me 10K. :(
Also if he does not have any assets can a lien be put on his claim he has with Toyota if I win in court?
Thanks
Posted: Tue Dec 28, 2010 06:09 pm Post Subject:
what happens if the at fault driver dies before the claim is settled.
In many civil cases, when a party to an action dies, so does the action.
If the at fault driver's policy limit is only 25K for Bodily Injury, can I agree to accept that then sue the driver in court?
NO! Accepting an insurance settlement ENDS the liability of the at-fault party.
My medical bills are 28k and my health insurance has placed a lien on my settlement for this amount. Therefore it is important for me to try and get more than what they currently just offered me 10K
Then you may be forced to sue for the full value of your loss.
Also if he does not have any assets can a lien be put on his claim he has with Toyota if I win in court?
Depends on the law in your state but, generally, no. Once the money is in his hands, then you may attack it. Similar in nature to life insurance proceeds or retirement plan assets.
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