by Diana » Thu Jun 11, 2009 06:55 am
I was in an accident where I made an illegal U-turn and someone hit me. It was determined by the police report as being my fault. The car that hit me was a newer model, and I recieved a letter from my insurance company stating that the damages to the other party might be above my limits. I only had basic liability coverage as I am a very broke 20 year old college student who was driving an older car. Does this mean that the other party is definitely going to sue me or can sue me? If that is the case, I will be unable to pay them so would they garnish any wages I earn? Would I need to file bankruptcy?
Posted: Fri Feb 05, 2010 09:10 pm Post Subject: car accident
i hit a car from behind almost two years ago there was the driver a passanger that was pregnant and a little boy in the back the passanger and boy were taken to the hospital and now i am being sued by them what do i do after nearly two years and why hasnt my insurance company given them the money as i was at fault and pleaded guilty in court for carless drivign
Posted: Sat Feb 06, 2010 12:53 am Post Subject:
what do i do
Get a lawyer
why hasnt my insurance company given them the money
They most likely paid the claimant(s) the max of your BI (bodily injury) coverage. However, that might not have been enough to cover their medical expenses or other expenses and they have every right to seek the additional funds from you.
Posted: Sat Feb 06, 2010 02:11 am Post Subject:
now i am being sued by them what do i do after nearly two years and why hasnt my insurance company given them the money as i was at fault and pleaded guilty in court for carless drivign
Just contact your carrier, (adjuster-claims dept) you need to get the suit papers to them ASAP, they haven't settled this...:shock: Trench :shock: what's the matter with you tonight? :wink:
They most likely paid the claimant(s) the max of your BI (bodily injury) coverage. However, that might not have been enough to cover their medical expenses or other expenses and they have every right to seek the additional funds from you.
:shock: TRENCH! :shock: You know better than this! No Way NO How did his carrier pay his BI limit without securing a release which would BAR them from coming after him! :shock:
Further more, "IF" his carrier paid his limits without a full and final release, there would be an ENORMOUS bad faith claim...AND he'd have had to be put on notice ages ago that there may be a limits issue...NO carrier can pay the limits out without a release..that's their job to protect their insured from a suit....
What most likely is happening is that your carrier has not settled because the other party either won't sign the release for your limits (assuming it's a limits case)...or their attorney thinks that he can get an excess limits judgement, (are you VERY wealthy?)...OR yet another another explaination (if it's truely a suit being filed), is that the statute of limitations is about to run in your state, and they HAVE to file suit to 'stay' (or stop) the statute from running out...
Get a lawyer
WRONG Trench !! :shock: ...in any of these cases your carrier will provide you a legal defense council (no charge to you) to defend this suit, (if it's a truly a suit being filed)..and assuming you had an active policy at the time.Are these suit papers or attorney rep/lein papers?
When was the last contact you had with your claims adjuster?
Did you EVER get a letter from your carrier telling you that your limits may be too low to handle the loss?
Again...(I don't know what's got into Trench)...get these papers to your carrier ASAP...
If you'd like, (removing the names of course) post EXACTLY what the beginning part of these papers say. We'll be in a better position to figure out what's going on...Also what are (or were) your BI limits at the time of loss? What state did this occur in?
Posted: Sat Feb 06, 2010 09:50 pm Post Subject:
Sorry, I should have put an "if" in there. It did not sound to me like the claim had been settled if the claimant was seeking legal recourse. In that event, a claimant has every right to seek a financial settlement by either the insured. You would have to know whether or not the claimant has settled with your carrier and if he has he has signed away his right to sue you for any future gain. As Lori pointed suggested, post some more info.
Posted: Wed Feb 17, 2010 04:31 am Post Subject: Bankrupty
Judgements from a lawsuit are non-dischargable under the bankruptcy code
Posted: Fri Mar 26, 2010 05:20 pm Post Subject: Car accident
I am at fault in accident and the other guy claim soft issue injury like back and neck pain but nothing happened to his car and he was fine when he left but after he claim. This is my first time what should I do
Posted: Fri Mar 26, 2010 05:24 pm Post Subject: Car accident
I am at fault in accident and the other guy claim soft issue injury like back and neck pain but nothing happened to his car and he was fine when he left but after he claim. This is my first time what should I do
Posted: Fri Mar 26, 2010 05:25 pm Post Subject: Car accident
I am at fault in accident and the other guy claim soft issue injury like back and neck pain but nothing happened to his car and he was fine when he left but after he claim. This is my first time what should I do
Posted: Sat Mar 27, 2010 03:13 am Post Subject:
Let your insurance company handle it.
Posted: Thu Apr 15, 2010 10:39 pm Post Subject: Disclosing Policy limits
My daughter was in an accident her fault in CA - the car she hit had no insurance, the passenger in the car she hit got an attorney and is filing an injury claim, they want me to disclose my policy limits------is that a good idea
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