suing me

by Guest » Mon Feb 15, 2010 11:56 pm
Guest

My daughter ran a stop sign in 2009 due to bad weather, both cars were totaled. She had insurance and the driver of the other car got 25,000 the fukl amount, the car she was driving was a rental. My daughter has no assets and is actually in debt about 20,000. She just started 2 days a go a waitress job. The driver is suing stating that she has been unable to work since theaccident due to the pain. What can she get whats the use of insurance if they can go after you it was an accident foggy weather no speeding only ticket was for driving thru stp sign. No one went to the hospital that night

Total Comments: 4

Posted: Tue Feb 16, 2010 12:36 am Post Subject:

What can she get whats the use of insurance if they can go after you

They can't go after you, AND accept a settlement from your daughters carrier..which they would've signed a release (barring them from coming after your daughter) to get the money..unless...the insurance was solely on the rental car..but she would've had to purchase that...these papers need to get to your daughters ins company ASAP! They will provide a defense attorney to her if in fact this is a suit..

it was an accident foggy weather no speeding only ticket was for driving thru stp sign

doesn't matter about the speeding your daughter caused the accident, pure and simple, had she not ran the sign it wouldn't have happened...so let that part of this go..she was negligent, and blew the sign, and in so doing she damaged another vehicle, and apparently a person too....

No one went to the hospital that night

Doesn't matter......

the driver of the other car got 25,000 the fukl amount

What does this mean? The other driver got your daughters policy limits for BI or PD? are you SURE that her carrier has settled this? If so how are you sure...

I know you're upset but you need to calmly go thru this with us so we can help you.

Start with the state this occured in...Who was your daughters ins carrier...what was paid, and by who to whom? and how do you know this..etc..? Did your daughter purchase insurance on the rental? Did she have a vehicle of her own that had insurance on it? Was she living in your (or someone elses) household when this happened? If so did they/you have insurance?

The driver is suing stating that she has been unable to work since theaccident due to the pain

Well maybe she can't...that's really not the question...or problem.. :wink:

Posted: Tue Feb 16, 2010 02:22 am Post Subject:

If it was a rental, the rental company would have been paid for their vehicle as they own it.

Now we have the other persons injury. Many people say "I'm being sued" when they really mean "the other person filed a claim". BIG difference.

The other person was injured by your daughter and they deserve to be compensated for their medical treatment and pain involved. Your daughters insurance company will make every effort to settle this person's injury claim for up to your daughters policy limits. They won't pay a dime until the other person is willing to sign a release or the other person sues and a judgment is obtained. If the other person were to file suit, your daughters insurance company would provide her an attorney for a defense. But its _highly_ unlikely that the other person would not settle, and would obtain an attorney and file suit. There is just no money to be had other then what your daughters carrier can pay. An attorney does not want to waste their time (which is money) and forgo collecting some easy money from your daughters carrier in order to get a piece of paper (a judgement). If your daughters carrier does not think the other person's injury is very great and offers them a low amount, they may get an attorney and _may_ file suit for more money. Again.... I doubt this will be the case and I doubt even then that they would not settle prior to going to court.

Take it one step at a time.

Posted: Tue Feb 16, 2010 06:45 am Post Subject: Car accident

Since your daughter has caused the accident, she is liable to compensate for all the damages. Your daughter's insurance company would pay the other party for injury caused and for other damages. Why should they sue you at all? You are insured and it is your insurance company who would compensate within the policy limits. Did you pay the deductibles?

Posted: Tue Feb 16, 2010 02:12 pm Post Subject:

Did you pay the deductibles?

I swear my head is going to EXPLODE...VERONICA! What deductibles? What deductibles would her daughter have had to pay to compensate the injured parties? I seriously want an answer...believe it or not I'm a pretty patient old bat..but this continued 'mis-information' is getting to me...

PLEASE this is the last time I'm asking...if you don't KNOW the answer, and cannot CONTRIBUTE (not just re-phase what has already been said) to a thread..don't post ANYTHING.

and ONE more time..WHAT deductibles?

(concerned parent - there are NO deductible on the liability portion of an auto policy-so don't worry)

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