by Onehope » Tue Sep 27, 2011 01:22 am
Hi, I am just joining this forum to gain some insight on the following.
My brother was involved in an accident in which I believe both cars were totaled and I believe the police report had him at fault. He was driving his car but it was insured under my mothers insurance. Mom was a passenger in the car. Mom is 80 yrs old. Today Mom received notice of jury court case in April in Florida. She lives in NJ. My understanding is Moms limit on her policy is $300,000 . My brother that was driving has NO assests. Mom, is retired, not wealthy and has her home and some savings. She is/we are concerned the other party will win judgement and go after Moms home and savings. She is worried. We told her NOT to put my brother on her policy..but you know how that goes!
What can she do now if anything to protect herself? Will the Ins attorney do enough. Don't get me wrong, I understand if the other part was injured that a reasonable settlement is deserved. However, in todays economy., we have people putting in false claims and I am concerned for Mom. Anything she could do? Thanks for your time and advice. [/url]
My brother was involved in an accident in which I believe both cars were totaled and I believe the police report had him at fault. He was driving his car but it was insured under my mothers insurance. Mom was a passenger in the car. Mom is 80 yrs old. Today Mom received notice of jury court case in April in Florida. She lives in NJ. My understanding is Moms limit on her policy is $300,000 . My brother that was driving has NO assests. Mom, is retired, not wealthy and has her home and some savings. She is/we are concerned the other party will win judgement and go after Moms home and savings. She is worried. We told her NOT to put my brother on her policy..but you know how that goes!
What can she do now if anything to protect herself? Will the Ins attorney do enough. Don't get me wrong, I understand if the other part was injured that a reasonable settlement is deserved. However, in todays economy., we have people putting in false claims and I am concerned for Mom. Anything she could do? Thanks for your time and advice. [/url]
Posted: Tue Sep 27, 2011 02:03 am Post Subject:
If a demand in excess of your mothers policy limits has been made then her carrier should have sent her a letter to inform of this. Did she receive such a letter? FL has mandatory mediation. That is, the judge will order all parties to attend a mediation to see if the case can be settled. I think fewer then 3% of suits filed ever actually see the inside of the court.
Posted: Tue Sep 27, 2011 03:11 am Post Subject:
tcope
Thanks for the reply. I am not sure if she received such a letter. She received a letter to appear for court case in April. Tomorrow I will try to speak with her carrier and find out more.
Posted: Tue Sep 27, 2011 03:15 am Post Subject:
My guess is that the attorney assigned by the insurance company has been keeping your mother in the loop as far as the status. Prior to anything both parties would have gone through Discovery which means your mother would have been deposed.
Yes, find out if a demand has been made and for what amount. If it's under $300k then the case should settle for well under that amount.
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