by Guest » Wed Mar 05, 2008 02:03 am
Dear all, nice to have found this forum.
I have a serious question that I need your advise.
I was involved in a car accident recently and there were severe damage on my car and the other driver's car, the other driver also reported severe personal injury to both my insurance company and their own insurance company. I am thinking at I may be at-fault, but need to wait for adjuster's final investigation.
I have full insurance coverage, my liability coverage for personal injury is 30000 per person and 60000 per accident and my liability coverage for car damage is 25000.
But the other driver hired a lawyer saying that my liability coverage for both personal injury and car damage will not be enough, I think they are planning to sue me and ask for a lot of money, I am worried if they could get a money judgment against me and execute against my property, I have bank accounts, salaries, and a house under my name and my title, will they be able to get additional money from me by execute against my bank accounts, salaries, my house?
Thank you.
I have a serious question that I need your advise.
I was involved in a car accident recently and there were severe damage on my car and the other driver's car, the other driver also reported severe personal injury to both my insurance company and their own insurance company. I am thinking at I may be at-fault, but need to wait for adjuster's final investigation.
I have full insurance coverage, my liability coverage for personal injury is 30000 per person and 60000 per accident and my liability coverage for car damage is 25000.
But the other driver hired a lawyer saying that my liability coverage for both personal injury and car damage will not be enough, I think they are planning to sue me and ask for a lot of money, I am worried if they could get a money judgment against me and execute against my property, I have bank accounts, salaries, and a house under my name and my title, will they be able to get additional money from me by execute against my bank accounts, salaries, my house?
Thank you.
Posted: Fri Mar 07, 2008 11:12 am Post Subject:
I did not answer the limits question as there is no way to give a good answer, IMHO. I have a friend who does not have a pot to piss in. He carries the minimum limits (10k PD). If he's involved in a $20k PD accident, what is the other party going to do? I'm not trying to sound mean or recommend lower limits but liability limits are meant to protect the insured... not the people who suffered the loss. If the states thought those people should be protected then they should raise the minimum limits (and I think most states should).
I guess if a person choses to risk a portion of the future paychecks that's certainly their right, once they know the facts...to me, I'm not going to hang my hat or hopes on the fact that an insurance company may not hire a collection agency to get a judgement (that they are entitled to) and garnish my wages for the rest of my life no matter how meger those wages are....The company I used to work for (I started as a subro specialist in 1987)....we routinely did this on ALL subro claims, why? because it didn't cost us anything really...the collection agency took a percentage, and their philosophy was 50 cents on a dollar was still 50 cents......it's a personal choice and as I said, I wouldn't trust that they would automatically right off the loss....I do agree with you that most (if not all) state limits are WAY WAY too low...Posted: Fri Mar 07, 2008 11:45 am Post Subject:
Dear All, thanks a lot for helping and sharing your expertise.
Is there a way that I could know if the other driver has UIM and/or collision coverage?
I am just an average working person with average paycheck and average savings in bank accounts and retirement accounts, but I am most worried about my house, actually the house was my parents', but they transferred the title to my name only, the house itself is over a million in value, but that was everything my parents' saved over their life, plus since I am in California, the value of the house has raised quite a bit in California, I am really worried that the other party's lawyer could get a money judgment against me and execute against my house, I really want to protect my parents' hard savings over their life.
With this kind of situation, is asset protection such as transferring my home, bank accounts, etc. into a living trust, Limited Liability Company, and/or Family Limited Partnership recommended? But since I already have a claim against me, it is already too late for me to do anything to protect my property and assets?
In your professional experiences, have you actually seen anyone lost their home and/or assets due to car accidents lawsuits or excess judgments?
I heard from some friends saying that those lawyers have a very high success rate in winning these kind of excess judgment lawsuits? is that true? I am worried.
I am a little confused with the difference between adding an Umbrella Liability insurance on top of my auto liability insurance for extra protection and just raising the liability limits of my auto policy? Which one is better and provides better protection? which one do you recommend?
can I still add Umbrella liability insurance or raise my auto policy liability limits now? or it is already too late since I have a claim pending investigation?
If it is already too late for me to either add Umbrella liability insurance or raise my auto policy liability limits now, when will I be able to do so?
How much more does it usually cost to add Umbrella liability insurance or raise my auto policy liability limits to like Lori recommended 100k/300/100k?
Although tcope mentioned that
It would be fairly inexpensive as higher limits don't get much more expensive.
But I was thinking, since my premium will go up anyways if I am at-fault, adding Umbrella liability insurance or raise my auto policy liability limits will likely to add even more to my premium, maybe to an extent that is too expensive for me, I am not really sure if I am right, please advise?
Best, Linda
Posted: Fri Mar 07, 2008 12:29 pm Post Subject:
Your state only requires 15/30 BI and 5k PD limits...no UM or UIM are required...Don't know how you would 'find' out if they have UIM....Your adjuster might be able to get this information, I don't know what the rules or regulations are regarding your states limits/coverage disclosure....I would bet they have collision coverage...do you know the year/make/model of the vehicle? See, there are quite a few things that we must understand before we talk about money judgment.
But since I already have a claim against me, it is already too late for me to do anything to protect my property and assets?
It would be too late if this were an option on this claim...it would go to the ownership on the date of loss..I really don't think you are going to have to worry about it though..What EXACTLY do you know about the damages to the vehicle and injuries? How much (monetarily) damage is there to the car? What are the injuries claimed? Was there only one person in the car? What did the police report say?In your professional experiences, have you actually seen anyone lost their home and/or assets due to car accidents lawsuits or excess judgments?
No I have not never not one time...I have seen excess judgements and garnishments...but never seen anyone lose their homes etc..(been at this since 1987)...I heard from some friends saying that those lawyers have a very high success rate in winning these kind of excess judgment lawsuits? is that true? I am worried.
I know you're worried try hard not to be...you have every reason to be a little worried, but remember you company's job is to settle these claims 'within' your limits...they won't pay a nickel unless they can get a release signed which protects you from an excess judgement...in other words (in all cases I've been involved with)...your carrier would force the other party to file suit, rather than just had over your limits without a release...most claimants will accept policy limits and get on with their lives...you have to remember too that your carrier doesn't want you to file suit against them for bad faith if they don't protect you...let me explain...if your carrier just went, 'ok here's our limits have a good day....'(no release) thus opening you up to an excess judgement then you would have a lawsuit against your own carrier for not protecting you and doing all they could to gain a release...see? re: your quote, I don't know the stats on success rates, but I'd bet this isn't correct, because they are not filed that often.....unless there is another 'deep pocket' somewhere...that a claimant attorney needs that judgement to get into....Let's not forget we don't know A) if you will be found 100% liable for the accident, or B) if it's even an excess claim right?
can I still add Umbrella liability insurance or raise my auto policy liability limits now? or it is already too late since I have a claim pending investigation?
You can but it will not have any affect on this claim at all...it will only benefit you (maybe) from the date you add/change your limits...it's not retro...you can change your limits buy a policy etc...any time you want...just won't have any bearing on this claim at hand.How much more does it usually cost to add Umbrella liability insurance or raise my auto policy liability limits to like Lori recommended 100k/300/100k?
I really don't know there are too many variables you'll need to talk to your agent/company about that....there is no way for us to know this...just call and ask how much will my premium increase if I raise these limits to 50/50/100, and 100/100/300k, to get an idea...I really don't have much experience at all with the umbrellas, and am not positive that they can come into play on an auto claim...(i kind of think they don't) hopefully another with more experience with those types of claims will weigh in.But I was thinking, since my premium will go up anyways if I am at-fault, adding Umbrella liability insurance or raise my auto policy liability limits will likely to add even more to my premium, maybe to an extent that is too expensive for me, I am not really sure if I am right, please advise?
Well more than likely your rates will increase anyway if you are at fault, the extent? I don't know (another question for your agent) couple of things, first they cannot raise them till your renewal...then also what is your collision and comp deductible? The higher the deductible the less the premium so if you are carrying low deducts then you might look at raising them to help off set the increase...Linda, if you'd like tell us what exactly happened in the accident, we may be able to put some of your fears at rest....have you heard from your adjuster?
We're here for any questions....please try hard not to worry too much until you know you have something to worry about! :wink: (i know easier said than done) :roll:
Posted: Sat Mar 08, 2008 07:45 am Post Subject:
I guess if a person choses to risk a portion of the future paychecks that's certainly their right, once they know the facts
But baring a money judgment, the adverse carrier would not see a dime from the OP's carrier. What would you do... take $10k on a $20k loss or roll the dice that you _might_ be able to collect all the money from the OP? How much would it cost you to possibly collect this money over the period of 5 or 10 years? Also, I don't know of any state where an insurance company can garnish wages. About the best they can hope for is a suspension of the person's DL.I'm not saying it's fine to have low limits... only that there are other things to consider.
Posted: Sat Mar 08, 2008 01:55 pm Post Subject:
Also, I don't know of any state where an insurance company can garnish wages. About the best they can hope for is a suspension of the person's DL.
As in nearly any suit that a carrier is paying bill ulitmately (other than bad faith etc of course)...the suit is actually filed in the insured's name, then of course the subro clause kicks in....I handled many claims/suits that were filed and judgements entered then the garnishment attached, (I'm speaking of purely subro here not excess)....You're right it's not often that something like this would happen (excess)...I personally just wouldn't take the risk that it 'might'...also (IMO) kind of dirty pool too...if a person knowingly (not saying you are suggesting this tcope) takes 10k limits out hurts someone that has 50k in damages, and cavalierly thinks, ''oh well''...(assuming the other party doesn't have UIM of course)....something smells about that....how would it feel if the shoe were on the other foot? And again, there is always the possiblity of an excess judgement....scares me.....and I ain't scared of too much! :wink:Posted: Wed Mar 12, 2008 01:13 am Post Subject:
Dear Lori and tcope, thanks again for helping.
What EXACTLY do you know about the damages to the vehicle and injuries? How much (monetarily) damage is there to the car? What are the injuries claimed? Was there only one person in the car? What did the police report say?
This never happened to me before, so I really don't have a clue as to how much monetarily damage is there to the other car, I really don't know what went on with myself on the day of the accident, I was trying to change line, I checked to see if it was safe to change to the other line as I always do, but......just in a second of time....I slammed hard onto the side of the other car, to me, the other car's side seems to have severe damage, there was the driver, another passenger, and a dog in the car, I was scared to death and did not say much at the scene except for changing information, the other driver did mention that they had pain all over, felt dizzy, sick, etc. and I am not sure if I mis-heard or mis-understood that one of them was pregnant or not? I was very scared at that time. The police report did not say much, just a description of what happened.
I have seen excess judgements and garnishments...but never seen anyone lose their homes etc..(been at this since 1987)...
Do you mind if you can explain how an excess judgment and garnishments works? I am not sure if I am right, but I heard that if you get a garnishment against you, the garnishment can include garnishing both your wages and other properties, such as your home, then I will still lose my home, right? I am not sure if I am right or wrong?
)...your carrier would force the other party to file suit, rather than just had over your limits without a release...
Sorry, I don't really understand this part as to why my carrier would force the other party to file suit against me? could you please help to explain, sorry that I am not very knowledgeable.
.....unless there is another 'deep pocket' somewhere...that a claimant attorney needs that judgement to get into....
Is there any examples as to what kind of "deep pockets" the claimant attorney is looking for?
As in nearly any suit that a carrier is paying bill ulitmately (other than bad faith etc of course)...the suit is actually filed in the insured's name, then of course the subro clause kicks in....I handled many claims/suits that were filed and judgements entered then the garnishment attached, (I'm speaking of purely subro here not excess)....
Sorry, I think I don't understand this part as well, "the suit is actually filed in the insured's name, then of course the subro clause kicks in....I handled many claims/suits that were filed and judgements entered then the garnishment attached, (I'm speaking of purely subro here not excess)" does that mean the insured actually lost the lawsuits and therefore has a garnishment against the insured?
...also (IMO) kind of dirty pool too...
What is IMO?
Thank you for your time and in sharing your expertise
Posted: Wed Mar 12, 2008 04:47 am Post Subject:
Hi Linda, I'm sure Lori and tcope will soon be back to answer your questions. Hence, I'm refraining myself form answering the technicalities of your case. I'll only answer the following question of yours. :D
What is IMO?
It means In My Opinion. Similarly, IMHO implies In My Honest Opinion. Its something typical of the forums to write like this. Hope that explains.
Thanks,
Carol
Posted: Wed Mar 12, 2008 10:50 am Post Subject:
I checked to see if it was safe to change to the other line as I always do, but
More than likely the other vehicle was in your 'blind spot' or maybe they were changing lanes as well...(?)...these type of accidents happen alot..as to the damage to the other vehicle...you need to call your adjuster and ask them how much are the damages, have you decided I was 100% at fault, and have you made arrangements to fix their vehicle...The police report did not say much, just a description of what happened
Did the police report show the area (on the road) of the impact? meaning was it in your lane, other lane, or on the line? did it say that you were at fault? did you get a ticket? If you look hard there should be a box or area on the report that says something like, ''probably contributing circumstances'...also is there a 'narrative' not what you or the other party said, but what the cop said, generally also there will be a 'number' (there is a key on the report as well telling what the numbers mean) indicating injuries...see if you can find that too..also ask you adjuster are they injured? if so what are their injuries...etc...Do you mind if you can explain how an excess judgment and garnishments works?
If and that's a huge ''if'' an excess judgement would be awarded (and really really really I don't think you have anything to worry about), especially with the discription of injuries, (or lack ) meaning no one was bleeding and rushed to the hospital in ambulances uncon......if an excess judgement were awarded, (lets say 10k over your coverage) any time there is a monetary judgement then the person holding that judgement has to try and collect it, they can file for a garnishment against your wages, so say there was a 10k judgement they could file this garnishment and get a set amount from each of your pay checks till it was satisfied (that 10k paid) most states only allow a certain percentage of your check to be taken....again...I seriously doubt anything even close to this will happen...I am not sure if I am right, but I heard that if you get a garnishment against you, the garnishment can include garnishing both your wages and other properties, such as your home, then I will still lose my home, right? I am not sure if I am right or wrong?
I suppose Linda that this 'may' be possible many states protect a persons home, especially if there is another avenue of collection (ie pay check garnishment)...I have never ever in my life seen anyone lose there home for ANY type of judgement...(other than bankrupt, or foreclosures)......please honey try hard not to worry about your house, I can all but guarantee you that this won't happen....(even an excess judgement period is very very unlikely).....Sorry, I don't really understand this part as to why my carrier would force the other party to file suit against me? could you please help to explain, sorry that I am not very knowledgeable
Don't apologize, it's very hard to understand, and besides that's what we try and do here! (explain things!) :wink: You're carriers job is to PROTECT you that is what your policy is all about...they would in no way just hand over your limits, WITHOUT a full release (in other words PREVENTING the other person from filing ANY type of suit against you)....to do that would not be protecting you and your interests thus opening your carrier up to a suit filed by you against them for their not adequtely protecting you...so if a situation got to that point, where the other party would not accept your limits, and sign a release, (them wanting limits and no release) your carrier would make them file suit, and your carrier would defend it for you...(all suits like this auto accidents, you can't sue the insurance company you have to sue the party, then the carrier has to pay the judgement)....please don't hesitate if you still don't understand, and I'll try again, it is really hard to understand....I agree....again, the chances of this happening are probably a million to one! As I said, this doesn't sound like an excess claim to me at all at this point...if the damage is all the way down the sides, (better than front hit), do you mean both doors, 1/4 and fender? Where they able to open the doors on the damaged side? Was the vehicle towed? Was there any fluids leaking that you could see? again ask your rep about these damages....Is there any examples as to what kind of "deep pockets" the claimant attorney is looking for?
Sure, if that umbrella policy were in play (doubt it), or if you had a 'gazillion' dollars in the bank, a huge trust fund, etc..."the suit is actually filed in the insured's name, then of course the subro clause kicks in....I handled many claims/suits that were filed and judgements entered then the garnishment attached, (I'm speaking of purely subro here not excess)" does that mean the insured actually lost the lawsuits and therefore has a garnishment against the insured
Like I said above when there is a suit filed (except bad faith against your own carrier), the suits have to be filed in the 'participants' names, not the insurance company, if i have a wreck with 'joe blow bad driver' and he won't pay to fix my car or his insurance company says he was not at fault, i must sue joe blow, i cannot sue joe blows insurance company, however behind the scenes joe blows insurance carrier is paying all the defense bills to fight my suit....then if i win my suit, his carrier would have to pay me that judgement (or of course appeal blah blah)....when i say 'subro claused kicked in or speaking of subro only' that means, again same thing with joe blow, this time joe blow is uninsured, and i got tired of waiting on joe to pay me (or if he's insured his stupid insurance company) so i had my car fixed under my collision coverage (my company paid minus my deductible) once they make payment the subrogation claus kicks in (they have a right to attempt to recover this money from the at fault party) so they (in my name) sue joe blow, get a judgement, and then garnish joe blows pay checks till the judgement is satisfied (assuming joe doesn't just pay it)...clear as mud isn't it? :roll:Linda, call your rep and have a nice long conversation about what is going on with your claim....have you got a letter saying that there 'may' be an policy limit or excess problem? Have you repaired your vehicle? How much damage was there to it?
Please let us know and we'll continue to try and help you through this please don't hestiate to ask ANYTHING...there are no dumb questions...and please please please try hard not to worry about this...as i said your company's job is to protect you !
Posted: Thu Mar 13, 2008 11:48 am Post Subject:
Dear Lori,
Thank you very much for your kindness and for sharing those valuable information, it is really comforting talking to you on the forum, and it is really nice to have someone like you to guide us through these tough days. I wish my adjuster and the other carrier's adjuster were like you, nice and friendly.
I did call my adjuster, but was told that they are still investigating and they have a lot of cases to work on, they will let me know when they are more into the investigation.
Did the police report show the area (on the road) of the impact? meaning was it in your lane, other lane, or on the line?
Sorry, where can I find this part? I don't see it on the report?
did it say that you were at fault? did you get a ticket? If you look hard there should be a box or area on the report that says something like, ''probably contributing circumstances'...
I did not get a ticket, I am shocked to hear this, I did not know that police issue traffic tickets in a car accident situation, I am lucky that I did not get one, I would have been really sad if I did get a ticket, but the police report said that I was intending to change line and caused the accident, is that what I should be looking for?
......if an excess judgement were awarded, (lets say 10k over your coverage) any time there is a monetary judgement then the person holding that judgement has to try and collect it, they can file for a garnishment against your wages
If, I mean only if an excess judgment were against me, like in your example, 10k over my coverage limits, will my insurance carrier still hire a lawyer to fight for me and protect me, or I will be on my own since it is 10k over my coverage limits?
I was just thinking that medical expenses are so expensive that some simple check up or physical exam will add up to a large medical bill, and if, I mean if the medical bill do exceed my liability limits, how will my insurance carrier protect me? will my insurance carrier still protect me?
I remember you mentioned in a previous post that "...if a person knowingly (not saying you are suggesting this tcope) takes 10k limits out hurts someone that has 50k in damages, and cavalierly thinks, ''oh well''.."
So I was just thinking, in this kind of situation, how will my insurance carrier protect me? will my insurance carrier still protect me?
...if the damage is all the way down the sides, (better than front hit), do you mean both doors, 1/4 and fender?
I believe the damage is all the way down the sides, but I am not really sure what is "1/4 and fender"? Dear Lori, why is it better than front hit?
Sure, if that umbrella policy were in play (doubt it), or if you had a 'gazillion' dollars in the bank, a huge trust fund, etc
Do you mean that if I got an umbrella policy, I will put myself even more at risk for being a target of lawsuits because of the high policy limits?
if i have a wreck with 'joe blow bad driver' and he won't pay to fix my car or his insurance company says he was not at fault, i must sue joe blow, i cannot sue joe blows insurance company,
In this situation, when you sue joe blow, does that mean your insurance carrier will actually sue joe blow in your name? or you have to hire your own lawyer to sue joe blow all on your own?
so i had my car fixed under my collision coverage (my company paid minus my deductible) once they make payment the subrogation claus kicks in (they have a right to attempt to recover this money from the at fault party) so they (in my name) sue joe blow, get a judgement, and then garnish joe blows pay checks till the judgement is satisfied (assuming joe doesn't just pay it)..
Sorry, I am still confused a bit here, so if your insurance carrier sue joe blow in your name, got a judgment, shouldn't joe blow's insurance carrier fight back for joe blow and if joe blow's insurance carrier loses the suit, shouldn't joe blow's insurance carrier be paying you the judgment? if so, joe blow will not get a judgment with garnishment attached, right? hope you can understand my question, I hope I am clear :oops:
....have you got a letter saying that there 'may' be an policy limit or excess problem? Have you repaired your vehicle? How much damage was there to it?
I did not get a letter, but the other driver's insurance company called me for a statement after the accident and the person who called me told me that the other party is very unhappy about the accident and is seeking the help of a lawyer.
My adjuster said that they will schedule an estimate appointment for my car and will let me know soon.
I also read several other posts on this forum which are all very helpful as well, but I read from a post that someone asked when the at fault party's insurance carrier issued a payment to the other party who is seeking payment, does the at fault party's insurance carrier also need to obtain a property damage release from the other party who received the payment, the answer was "... your carrier should either obtain a property damage release (almost no carrier will bother with this) or handle anything else that comes up. " But if "(almost no carrier will bother with this)", how can our own insurance carrier protect us from PREVENTING the other person from filing ANY type of suit against us? I am confused again. :oops:
Thank you very much for your kindness and have a great day. :D
Posted: Thu Mar 13, 2008 12:25 pm Post Subject:
I did call my adjuster, but was told that they are still investigating and they have a lot of cases to work on, they will let me know when they are more into the investigation.
This is good if they are indeed actively investigating..(rather than just swamped and told you this...sorry it happens)....there is the distinct possiblity that you won't be found 100% at fault...which is great...let's keep our fingers crossed on that one!
Sorry, where can I find this part? I don't see it on the report?
No I"M sorry I should've told you if there is a diagram that the officer drew it should show there where on the roadway the impact occured...I am shocked to hear this, I did not know that police issue traffic tickets in a car accident situation
sure they do that's a big part of their job....I was intending to change line and caused the accident, is that what I should be looking for?
yep, darn it.... :cry: sounds like you'll more than likely be at fault unless it says the other vehicle also was changing lanes? do I dare to hope? :wink:If, I mean only if an excess judgment were against me, like in your example, 10k over my coverage limits, will my insurance carrier still hire a lawyer to fight for me and protect me, or I will be on my own since it is 10k over my coverage limits?
More than likely yes, they would still defend it....(based on the injury and damages you have discribed) they would discuss this with you and get your opinion...but on a claim of this size (small or minor injuries it sounds like) they would more than likley defend it...I mean if the medical bill do exceed my liability limits, how will my insurance carrier protect me? will my insurance carrier still protect me?
Absolutely! they will protect you by doing everything they can (including defending a lawsuit) to get a release signed for within your limits (barring the other party from filing an excess suit against you)...I remember you mentioned in a previous post that "...if a person knowingly (not saying you are suggesting this tcope) takes 10k limits out hurts someone that has 50k in damages, and cavalierly thinks, ''oh well''.."
This doesn't pertain in your situation, we (adjusters) get off on philisophical discussions sometimes, and that is all that was...put that out of your mind...(sorry if I confused you)....So I was just thinking, in this kind of situation, how will my insurance carrier protect me? will my insurance carrier still protect me?
I believe the damage is all the way down the sides, but I am not really sure what is "1/4 and fender"?
the fender is the panel in front of the front door, the 1/4 is the panel behind the rear door...Dear Lori, why is it better than front hit?
front end hits typcially cost a lot more to repair than side swipes in a front end you have all the cooling, innerstructure, not to mention air bags...just costs more to repair front end hit than side, (generally speaking).....Do you mean that if I got an umbrella policy, I will put myself even more at risk for being a target of lawsuits because of the high policy limits?
no, that's not what I meant (i'm really adding to your confusion rather than helping elimanate it aren't I? I'm so sorry)..you ask what other types of 'deep pockets' there might be...In this situation, when you sue joe blow, does that mean your insurance carrier will actually sue joe blow in your name?
EXACTLY! I think you've got it! your carrier would be paying all the legal expenses as well. (if you used your collision coverage)...or you have to hire your own lawyer to sue joe blow all on your own?.
NO, unless you didn't have insurance coverage yourself...or no insurance company paid for the damage...then of course it's just two people fighting it out in court...Sorry, I am still confused a bit here, so if your insurance carrier sue joe blow in your name, got a judgment, shouldn't joe blow's insurance carrier fight back for joe blow and if joe blow's insurance carrier loses the suit, shouldn't joe blow's insurance carrier be paying you the judgment?
Yes you are absolutely correct 'if' joe is insured, if not this is the way it would work (garnishment etc if necessary)...if so, joe blow will not get a judgment with garnishment attached, right?
correct! the judgement would still be against joe, but his carrier would satisfy the judgement (thus no garnishment etc) again if he is insured...I did not get a letter, but the other driver's insurance company called me for a statement after the accident and the person who called me told me that the other party is very unhappy about the accident and is seeking the help of a lawyer.
Ok, well this isn't so bad then...many times people run out and get a lawyer at the first 'bump'...don't be surprised if you get a letter from these peoples attorney saying the atty is representing them, and they want a million dollars...just call your carrier and get the letter to them, they will handle it from there....DO NOT EVEN SAY HELLO to their attorney, you should have absolutely zero contact with that attorney or anyone attempting to get any information from you on their behalf...(ok that you talked to their adjuster) just don't give the (other) adjuster any information regarding your policy limits, or assets etc...(very doubtful the adjuster would ask but ''some'' attorneys can be kind of sneaky and try to intimidate people)...if their attorney would for some reason contact you, just give them your adjusters number...(really doubt they will just giving you a heads up)...other party is very unhappy about the accident
who is every HAPPY that they had an accident? :roll:My adjuster said that they will schedule an estimate appointment for my car and will let me know soon
Is your car driveable? How long ago did this happen? Who is your carrier? I'm thinking it may be taking longer than it should...I also read several other posts on this forum which are all very helpful as well, but I read from a post that someone asked when the at fault party's insurance carrier issued a payment to the other party who is seeking payment, does the at fault party's insurance carrier also need to obtain a property damage release from the other party who received the payment, the answer was "... your carrier should either obtain a property damage release (almost no carrier will bother with this) or handle anything else that comes up. " But if "(almost no carrier will bother with this)", how can our own insurance carrier protect us from PREVENTING the other person from filing ANY type of suit against us? I am confused again.
I can see your confusion, most of the time property damage claims we don't get releases, BUT BUT BUT if there was an excess problem, then there definately would be a release taken....most of the time that isn't an issue....in your case, ''if'' it is an issue your company would secure a p.d. release as well.Thank you very much for your kindness and for sharing those valuable information, it is really comforting talking to you on the forum, and it is really nice to have someone like you to guide us through these tough days. I wish my adjuster and the other carrier's adjuster were like you, nice and friendly.
I'm glad we can provide some information and more importantly some comfort to you...we're all glad to help....keep asking until you understand... :) also answer the couple of questions I've asked...you have a great day too... :)Add your comment