by Guest » Mon Aug 08, 2011 10:45 pm
I pulled out from a red light hit some debrie in the road and skid and my passanger fell off my motorcycle. I also dropped the bike. New Jersey does not require pip insurance and i had minimum liabilty so i was told by the insurance agency i could not file a claim for her injuries.
I have since then recieved a letter from her lawyer informing me i could be sued. I spoke with the woman and she said her lawyer is looking to sue my insurance not me. I just spoke briefly with my insurance to give a statment and they said if i need legal representation there lawyer was required to represent me.
Im broke i eat alot of ramon noodles, Should i be worried about being sued, I was charged with careless driving. my lawyer says he can get info from my traffic offense sealed as to not be used in civil suits. I am also told no one would sue me because i have nothing to give. any info or help should i be worried at all
I have since then recieved a letter from her lawyer informing me i could be sued. I spoke with the woman and she said her lawyer is looking to sue my insurance not me. I just spoke briefly with my insurance to give a statment and they said if i need legal representation there lawyer was required to represent me.
Im broke i eat alot of ramon noodles, Should i be worried about being sued, I was charged with careless driving. my lawyer says he can get info from my traffic offense sealed as to not be used in civil suits. I am also told no one would sue me because i have nothing to give. any info or help should i be worried at all
Posted: Tue Aug 09, 2011 12:06 am Post Subject:
First, that was bad advice you obtain initially. I'm guessing someone in your agents office said that you could not file a claim for your passengers injuries (i.e. it was not the actual insurance claims people).
Second, yes your friend is asserting negligence against you and if a suit is filed yes it _will_ be against you and not the insurance company. Who caused your friends injuries? It was not your insurance company! If the other person asked for an amount in excess of your policy limits and obtains a judgement, you will then be responsible for the difference. Make no mistake about it... this claim is against you personally.
With that said, your carrier will make every effort to settle this loss within your policy limits. They won't offer any money without a release or a judgement.
I don't know about NJ but some states allow the person to garnish someone's wages and leave them with just above minimum wage. You may want to look into higher limits if you are going to have people on your motorcycle... especially in NJ.
Posted: Tue Aug 09, 2011 01:14 am Post Subject:
Thankyou youve been very helpfull. So i would most definetly need to seek individual legal representation in this matter then.
Also If i am sued and the amount surpasses what the insurance company is willing to pay(if anything), then i have been told i would need to declare bankruptcy.
Posted: Tue Aug 09, 2011 01:16 am Post Subject:
also the initial, information i recieved about not being able to file a claim was from my insurances 1800 number i was told i did not have p.i.p. for myself or my passenger and therfore couldnot submit a clain for medical expenses
Posted: Tue Aug 09, 2011 05:41 am Post Subject:
my lawyer says he can get info from my traffic offense sealed as to not be used in civil suits
Not going to happen unless you plead "nolo contendere" (considered the same as a guilty plea).
i have been told i would need to declare bankruptcy.
Or you could do the right thing and pay the judgment.
In the meantime, you need to read your policy and try to understand what is and is not covered. If you realize you don't have all the coverage you need, then you may be able to increase your coverage. (But any increase only applies to future incidents.)
But, if all you have is ten cents to buy a package of ramen noodles, you might consider walking. It's less expensive than owning a vehicle.
Posted: Tue Aug 09, 2011 01:12 pm Post Subject:
You can seek your own legal representation if and whenever you want. But my question... can you afford $150/hour for about 20 hours?
Your insurance company will make every effort to settle your claim for within your limits. The picture I painted was grim as I wanted to show you that your friend was filing a claim against you for your negligence. Most likely the demand will only be for your policy limits... but you can't be 100% sure of this. Your insurance company won't pay anything (prior to a judgement) without a release being signed. So the attorney would not make a dime (prior to a judgment) if he asked for more then your policy limits. If he asked for more and would not go lower then he's automatically committed to going to court. This means more time spent for him which means less money. In the end he knows he would get your policy limits and there is no guarantee that he'd get anything else.
You need to cross bridges when you come to them... not before. Allow your carrier to address this situation. If they obtain a demand for more than your limits, they will let you know of this in writing.
Add your comment