by Guest » Mon Mar 17, 2008 10:02 pm
My wife was in a accident about 9 months ago and now we are being sued. The accident was her fault. The guy drove away, but I think he was at the emergency room later when my wife was there. (she bruised a rib) We got in touch with our insurance company and they have provided us a lawyer. I have a few questions though. In the lawsuit it says that they are suing for in excess of 50k. Does this mean that it can be any amount over 50k? also it says that he is suing for bodily damage of a lasting nature, and for repairs on his truck. My insurance company already payed to fix his truck so can he still sue for that?
Also my wife is the only one mentioned on the lawsuit not me. So does this mean what I like my savings account and wages are have safe from judgment? My coverage is 25k for bodily injury stuff. (I've since raised it) I don't have much money but I do have a lot in a cd that we are saving for a house and I'm worried about losing it all. We are in the discovery phase right now. I'm really worried about this so any help would be appreciated.
Also my wife is the only one mentioned on the lawsuit not me. So does this mean what I like my savings account and wages are have safe from judgment? My coverage is 25k for bodily injury stuff. (I've since raised it) I don't have much money but I do have a lot in a cd that we are saving for a house and I'm worried about losing it all. We are in the discovery phase right now. I'm really worried about this so any help would be appreciated.
Posted: Tue Mar 18, 2008 07:41 am Post Subject:
My insurance company already payed to fix his truck so can he still sue for that?
Hope you have the docs in connection with the payment in your possession right now. It is good that your insurance co. is already informed & they are supporting you at large. The lawyer would probably guide you about when & where to produce these docs in connection with fixing the truck! So, don't worry, but be prompt at feeding the lawsuit docs, since failing to feed them in time might issue a default order in the other party's favor. You need to remember these things while consulting your lawyer. Remain in touch! Jessie-hotter-than-b4
Posted: Tue Mar 18, 2008 07:57 am Post Subject:
Hey, you should not be scared of what they are suing you for. Suing for an amount in excess of 50k doesn't earn them an automatic decree from the court. Again, since you now have your lawyer by your side, you may demand an explanation of the amount-sued-for in a legal & proper way. We might take your case from there on!
BurnerCross
Posted: Tue Mar 18, 2008 08:06 am Post Subject:
Hi !
You said that it was her fault..& you seemed amazed to see that you were not being dragged into it. Do I suppose you were accompanying her at the time of the accident? In that case, I hope you possess the evidences in connection with this mishap, the contact-info of the witnesses around, the pics of the vehicles post accident etc. Am I right?
You didn't mention anything regarding your State or your insurance. Hope you'd check up with the state DOI regarding the maximum time-limit for instigating legal proceedings against you after 9 months of the mishap. Also make sure whether any investigations were in progress during this period. Keep writing..Bluebelljacob
Posted: Tue Mar 18, 2008 09:59 am Post Subject:
Did they already sue your insurance company for the $25,000 you had for bodily injury? Usually an atty will only go after what is available through your auto insurance. Contact your atty and ask him all these questions immediately. That is your best defense. Good Luck
Posted: Tue Mar 18, 2008 11:33 am Post Subject:
good morning Verbel and welcome to the community, I'm so sorry this has happened...
In the lawsuit it says that they are suing for in excess of 50k. Does this mean that it can be any amount over 50k?
I guess that's what it means, but I'd reakon this has something to do with limits...was there just the one other party in the vehicle? Could also be since you have 25k (had, great that you increased it, as you now see the danger of low limits)...bi, your actual coverage would be 25/50k meaning 25k per person 50k per accident, so the attorney (theirs) is (mistakenly if only one party) thinking 50 is your limit...more than likely his client has UIM (under insured motorist coverage) and wants to collect on that, and may not be able to do so without a judgement....would help if you'd tell us the state the accident occured so we can research that states laws...My insurance company already payed to fix his truck so can he still sue for that
Did you have enough coverage for that? What were your PD limits? Were they high enough to take care of their damages? If so nothing to worry about, and I wouldn't think your carrier would've issued payment without knowing that part of the claim (property damage) would be below your limits...let us know, your PD limits at the time of loss and total cost of repair of that persons vehicle including their rental or loss of use/diminshed value etc...or perhaps that is what they are asking for in addition to their repairs, diminished value...Also my wife is the only one mentioned on the lawsuit not me. So does this mean what I like my savings account and wages are have safe from judgment?
May just be some states only allow recovery against the driver, and not the owner as well (i'm assuming you are the owner as well as your wife)....My state you can go after both (driver and owner) but again all states differ so apparently your's only allows the driver..I don't have much money but I do have a lot in a cd that we are saving for a house and I'm worried about losing it all
Is the c.d. held in both yours and your wifes name? Ask the attorney if that is the case, if that (or half of that) can come into play....I'm really worried about this so any help would be appreciated.
I'm sure you are and don't blame you...Let me try and put you a little at ease...excess judgments are rare (unless you are a ga-zillion-aire)...it could be that your state (as i mentioned) requires an excess judgment before a UIM claim can be paid....are you staying in constant contact with your claims adjuster? If not start...It is your companies responsiblity to protect you and do all in their power to settle all claims within your limits, thus keeping you safe from an excess judgement, that is why instead of just writing a draft for 25k they are defending you....What are the injuries being claimed? are their any issues that could be considered 'gross negligence'' like a dui? If you don't know what the injuries are, that are being claimed, treatment etc..contact your adjuster and find out, they will know....the more information we have the better equiped we are to try and help...I know this sounds easier than it is, but more than likley the injured party is going after a UIM claim...ask your adjuster as well do this people have UIM (when you provide the state we can check and see if this is required, it is in a few states).....Please stay in touch and we'll do all we can to help...Do I suppose you were accompanying her at the time of the accident? In that case, I hope you possess the evidences in connection with this mishap, the contact-info of the witnesses around, the pics of the vehicles post accident etc. Am I right?
I'm sorry but even if the OP were in the vehicle at the time of loss, unless he blindfolded her while she was driving, this has not bearing at all on the liability...You didn't mention anything regarding your State or your insurance. Hope you'd check up with the state DOI regarding the maximum time-limit for instigating legal proceedings against you after 9 months of the mishap. Also make sure whether any investigations were in progress during this period. Keep writing..
I'm sorry again Bluebelljacob, they have an attorney that their carrier is providing, contacting the DOI, is of no use in this instance...it is not at all uncommon for a suit to be filed this long after the loss, as long as it's filed prior to the statute of limitations running (never ever seen one less than a year) besides, a person can't or shouldn't even consider settling an injury untill all treatment has been completed and they are back to as normal as possible...Posted: Tue Mar 18, 2008 12:15 pm Post Subject: explaining a bit..
Hi Lori,
I'm sorry again Bluebelljacob, they have an attorney that their carrier is providing, contacting the DOI, is of no use in this instance
I'm sorry but not even a single time through the course of the OP's post did his queries seem to have been resolved by his lawyer. & I firmly believe that we could enquire & catch up with the DOI informations irrespective of whether we have the guidance of an attorney. Am I wrong!
Do I suppose you were accompanying her at the time of the accident? In that case, I hope you possess the evidences in connection with this mishap, the contact-info of the witnesses around, the pics of the vehicles post accident etc. Am I right?
Well, I think I questioned his presence only to make sure whether he had collected any data which might be used for future references. Just to clarify, I didn't question it in connection with any untoward influence upon her liability.
But yeah, thanks a lot for correcting my vision regarding the duration of filing a lawsuit!
Regards,
Bluebelljacob
Posted: Tue Mar 18, 2008 12:35 pm Post Subject:
I'm sorry but not even a single time through the course of the OP's post did his queries seem to have been resolved by his lawyer. & I firmly believe that we could enquire & catch up with the DOI informations irrespective of whether we have the guidance of an attorney. Am I wrong!
I just don't see the point or how it would assist the OP, or what this even meanswe could enquire & catch up with the DOI informations ....
I don't understand what informations you are talking about.....what is he going to ask the statute of limitations on BI claims in his state? I can gaurantee you they aren't less than a year..and the suit filing 'stays' the statute...I just don't see what information could be gleened from the DOI is all other than maybe he could ask if UIM is required in his state...just don't see the point is all...Maybe you could expand and let us know the type of information the DOI could help him with in this instance, I'm just not seeing it...(doesn't mean it's not there... :roll: :wink: )Just to clarify, I didn't question it in connection with any untoward influence upon her liability
Yeah, I see that but as you see negligence has already been determined..The accident was her fault
My insurance company already payed to fix his truck
so that is moot..Posted: Tue Mar 18, 2008 12:55 pm Post Subject:
we live in illinois. I was not with her and I was not the owner of the veh.There was also only one other person in the other veh I asked my lawyer and he said they do not know the amount that we are being sued for so that is what worries me the most. My PD limits are 25/50. In the paperwork we recieved it said that his injuries were of a lasting and permanent nature and thats it. Our lawyer has sent them paperwork to request information from them on these things. I just worrk if this guy gets a judgment of like 100k or over I would be screwed for a good portion of my remaining life. I'm hopeing they can only go after my wifes wages as I make most of the income.
Posted: Tue Mar 18, 2008 01:16 pm Post Subject:
I was not the owner of the veh.
That answers for sure why they aren't naming you...they can't come after..verbel...My PD limits are 25/50.
No, Verbel these are your BI limits your PD (property damage, this is to repair the other partys vehicle only) will be a single limit..like 10k-50k-100k whatever, and will usually be listed first I think...Ok I just found it your state requires 15k so you had atleast that...find out what your pd limits are and the cost of repair, your adjuster should know this if they paid out under this coverage...I just worrk if this guy gets a judgment of like 100k or over I would be screwed for a good portion of my remaining life. I'm hopeing they can only go after my wifes wages as I make most of the income.
Well that looks like the case, just because you are married doesn't mean they can come after you! And because you are not listed as an owner of the vehicle she wrecked, regardless of the outcome I think ''you'' are in the clear...believe me attorneys list anyone and everyone that just ''might'' have a pocket when filing suit...it's a good sign that you are both not listed on the suit nor the title of the vehicle she was driving...ask your attorney but looks to me that you are definately in the clear...ALL suits ask for the moon....I'm sure the attorney said, 'more than 50k' because that is the combined about of coverage available under your policy...they also make it sound ALWAYS like the injury is HUGE, some times they are, but exaggeration is the name of this game, I assure you...
Just what I thought!!! The other driver is going after UIM, your state requires it!!! based on the following...(good news)
Underinsured Motorist Bodily Injury Insurance (UIM) - Pays the difference between your UIM limits and the liability limits of the at-fault driver, if lower than your UIM limits. Illinois law requires this type of coverage if you purchase higher limits of uninsured motorist bodily injury coverage (UM).
Also found your states statute of limitation on BI's are two years...way ahead of that....
Keep in mind, on the whole excess judgements are very rare, also ask your attorney, again I think you're in the clear, however, should the worse happen (excess judgement) if they have UIM it will kick in...you should also ask your attorney about your CD's if they are in your name only again I think you'll be fine....please don't hesitate to ask anything you wish we will do our best to assist you..
ps...''try'' not to worry I know it's hard...
Posted: Wed Mar 19, 2008 12:19 am Post Subject:
I really feel for you verbal and hope everything works out for you. I as a person could never personally sue an individual. I'm sure if you keep posting everyone here will try to help you out as much as possible. God Bless.
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