Help! Being sued for auto accident and my liability was too low. What can happen?
Thursday, May 28th, 2009 at
5:56 pm
N L asked:
I just received notice from my insurance co that I am being sued for an accident that I was at fault in last summer. At the time, there were no injuries reported and we prescription drugs online without prescription each were able to drive away. It was a very low speed accident and I was allowed to take a driving class in lieu of a ticket. Now I get notice that I am being sued for $100,000. My liability limits were only $25,000. The insurance company is asking for more info and said they will provide an attorney, but since I would be liable for $75,000, should I retain my own attorney? Should I be worried? Also I was just about to sell my home (has very little equity by the way). Am I still allowed to sell once I am served? What happens if they win? Will they attach my wages? I have no assets. Thanks so much for any help! I am about to have a nervous breakdown!!!
I just received notice from my insurance co that I am being sued for an accident that I was at fault in last summer. At the time, there were no injuries reported and we prescription drugs online without prescription each were able to drive away. It was a very low speed accident and I was allowed to take a driving class in lieu of a ticket. Now I get notice that I am being sued for $100,000. My liability limits were only $25,000. The insurance company is asking for more info and said they will provide an attorney, but since I would be liable for $75,000, should I retain my own attorney? Should I be worried? Also I was just about to sell my home (has very little equity by the way). Am I still allowed to sell once I am served? What happens if they win? Will they attach my wages? I have no assets. Thanks so much for any help! I am about to have a nervous breakdown!!!
Since you are being sued, your insurance company will hire an attorney to represent you. The other party will have to prove that they have 100,000 in damages. your attorney will choose a doctor to examine that person and assess his or her injuries. Most of the time cases like this settle before ever going to trial. Your attorney will assess your case and give you a better idea of whether or not there is anything for you to worry about. you have to try to take things one step at a time because the things you are worring about are only the worst case scenario.
100,000 dollars yeah you might need to get your own lawyer.some thing not right with this .but don’t really no your cast .if no one was hurt what in the hell someone would sue for that much money it not right .don’t think they can get that much if someone was hurt.but go on and sell your home it have nothing to do with this.and good luck
I cannot speak for wherever you are (for questions like this locality makes a HUGE difference), but in Australia the various levels of court have different maximum monetary limits on theei jurisdiction . Where no specific amount is claimed the usual practice is to claim up to the limit of jurisdiction, even if there is no chance at all of being awarded that amount.
So – there MAY be no need to panic. On the other hand, you may have a problem depending on local circumstances.
Here’s a great 20/20 hindsight lesson. Liability is insurance you carry that pays for damages you cause to other people. All states have minimum amounts you can carry – for instance, your $25,000 limit is probably the minimum you can legally carry in your state. However, for a few bucks more on your insurance premiums, you can up that coverage to $50, $75, $100 thousand dollars or more. Then, when you get sued, you have the coverage.
Your insurance company will be sending a lawyer to protect their $25,000. In other words, their lawyer is interested in seeing to it that they don’t have to pay out on your policy – but if you lose – they understand all they have to pay is the $25 grand.
There’s good and bad here – if the insurance company lawyer wins, that means he kept the damages below $25,000 and the insurance company will be paying out any damage award. If the insurance company lawyer loses, they have to pay at least $25,000 and you would be personally liable for anything over that.
So, yes, get a lawyer. However, remember this – the $100000 that they’re suing for is for an accident with no injuries at a low speed. Unless you did a huge amount of damage (more than $25,000 worth) you can’t lose anyway.
Look in the phone book under lawers that offer free phone consultation.
Different questions here:
First, relax. This is cause for concern but don’t get too stressed out about it. You are in for a long, drawn out situation here. A situation that may require some adjustments, but is nothing that is going to end your life as you know it today. It’s not worth getting sick over.
I don’t think I would get another lawyer. The insurance company is responsible for the first $25,000.00. Trust me, they don’t want to pay for the first $25K, no more than you want to pay for anything over that. Understand one thing though. This attorney is the Insurance companies and not yours. In this case, what benefits you, will also benefits your insurance company.
As you are now aware, you may have been underinsured. This day in age, most homeowners have more coverage than that. Before these people can collect any money, they first must show you were at fault (or at least partially). It sounds like you have a problem here. If you can show they were 25% at fault, which would reduce any judgment by that same amount. The second thing they are going to have to prove is that they suffered that much damage. By the sound of things, this is going to be tough. Having said that, if they can show a permeate injury of any kind, it don’t take long to add up to 100K.
As far as the sell of you house, if you had your house for sale, prior to being served, and you have little equity in the home, sell. If you had intentions of buying another home, then defiantly sell. What you want to be careful of is what would be deemed as a fraudulent conveyance. IN
In other words, make no attempt to transfer title to assets without just compensation. Don’t sell your 25K Corvette to your Father for one dollar. Be above board in your dealings. This could take three years or more to play out. Live your life, but don’t spend this time attempting to hide assets. One word of caution, if it is your intention to sell your home and buy another one, financing, w/this over your head will probably be a problem. Make sure you have financing for your new home in place BEFORE you sell. You may find out you have to put this sell off for awhile.
These people are likely looking to settle out of court and that would be your insurance companies’ preference also. It is more likely than not the insurance company will cut these people a check for 15K, sometime in 2008 or 9. Worst case? They get a judgment for $75,000.00, the insurance company pays their $25K and you and your wife have to file bankruptcy.
May not be what you want to hear, but, do occurs (Sh__ Happens)
Good luck!
went through this a couple of years ago. They blamed me for the accident, the insurance co.’s attorney was representing me, and the other driver waited up to two days before the statute of limitations was up to file for major jury trial and $$$. Claimed extensive back injuries, etc., but waited almost 2 years to see the doctor.
1. don’t sign anything the insurance company gives you without an attorney of your own to check it out
2. If this person was not seriously injured, then they’re looking for a settlement-keep in touch with the insurance co.
3. the insurance co. will fight this lawsuit hard because like you they want to keep their money
Good luck, and don’t sweat it-this is a long process and can drive you nuts if you let it
The first rule of lawsuits is ask for the moon, and settle for less. Your insurance company will provide a lawyer to fight the suit. If the case goes to trial, and if the judgment is higher than $25,000, you can be held liable for the difference. Depending on your income, and the amount of the judgment, you may end up with your wages attached, or you may end up filing bankruptcy.
Right now, relax and let the insurance company handle it. In a case with no or minor injuries, and minor damage, it most likely will be settled within your policy limits!
You can sell your home.
I believe they can only su e you for actuall damages.
They have to show proof of that amount as in repair receipts.
If there were no injuries then there are no medical fees.
A;so when you call into insurance companies they usually record those calls for this very reason that later someone cant change their story.
Let the insurance company provide th attorney for now.They will probably get rid of the case, especially if they think you have NO money amd they cant get anything.
they can sue you for whatever assets you have… if you don’t have any and your over the age limit they cant get a damn thing from you my boyfriend had a d.u.i and it only cover 5,000 of the 40,000 dollar car he hit and they sent letters in the mail saying if he didn’t pay the remainder that they where gonna sue him well he never paid it i mean after all he was paying 400 a month for full coverage and yet there was a clause or something well he didn’t own nothing but a new truck and he had the named transferred over to a friend for the time being so he had no assets in his name and there is only so many years they have to file its been 4 now and yet no court nothing but every state has different laws wish the best of luck getting through this…. thats a lot of money to be paying for something thats not really your fault i’d wait on selling your house because that would mean a lager amount of money in your account thats easier to take than your actual home.. and granished wages? they dont usually do that useless you go to court and they win and you have an aggrement to pay such amount everymonth for however long and you fail to pay them.. they have to take you back to court even if u dont show up to that hearing…. than the judge will but a granish on your wage (which really ***** theres no changing it after its been placed) and the can take a certain percent out of your check.. my brother went from 900 every two weeks and makes a lil over 4 now untill the amount is paid off
The same thing happened to me, and the suit was for 500000.
They settled for the 25000 (amount of coverage) they just wanted some spending money