Personal Injury Claim.. Help!! :(

[kbeck]

Hello,
I am new to this fourm. I need your help. In March I was driving home from work and had a small collision with a motorcycle. We were at a stoplight and I thought he had taken off, his bike was the same color as my car...everyone else went but him. I hit him maybe going 3 mph.. we didn't go past the white line of the interection. The driver did not come off his bike but did lean forward. I do realize that I am at fault. My insurance only covers up to $25,000 of injury. He is trying to claim $100,000 in injuries. I'm not denying that he got hurt.. my question is what happens to the difference of $75k? Will my insurance company fight it or will they come after me for money? I am a 20 year old single mom with a 4 year old. I live on my own.. I don't have this kind of money.. I can't even afford for my insurance to go up, and thats if they don't drop me. What do I do? I don't make enough money to have my wages taken from me.. or even to hire a lawyer.

What are the chances of the driver settling for 25k?

Please.. any help.

 

[Josh]

Insurance will cover the attorney.

I just got off my motorcycle and am very biased. There is no excuse to hit a motorcycle. Personally I think they should take your license for a year, but again, I'm biased and I very much doubt that has any chance of happening.

Just let your insurance handle it.
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Also, raise your liability limits.

 

[kbeck]

I didn't mean to hit him, I had my son in the car. Sorry you feel that way. I take full responsibility for my accident. He also wasn't wearing a helmet.

 

[djs]

It depends.

What were his real injuries based on the accident? This is what you are responsible for. He can ask for whatever he wants, doesn't mean he gets it (sort of like your 4 year old).

I'm not sure what state you are in, and there are different rules in different states, but in general......

The insurance company will defend the lawsuit up to the limits of the insurance. So, given you are at fault, he submits his bills and reasonable claims for things like work missed, etc. As long as this is 'reasonable', they will get paid.

If he starts asking for pain and suffering or something that seems unreasonable, they will have a discussion to decide what is reasonable. At this point, he will start having to prove things, which usually puts an end to the larger claim and nothing further happens. Deal done.

If he did suffer bigger injuries, then yes, the insurance company can say this will go through the liability limits you have and simply write the check and then leave it up to you to defend the balance. This is actually the biggest reason to carry higher limits, you get better legal defense.

Now, if you have coverage, usually that is about all they go after and then stop, unless you have more resources. Lawyers do like to get creative though, but they also only like to work on things that they can get paid for in the end.

Dan

 

[moonlightandmargaritas]

My insurance only covers up to $25,000 of injury. He is trying to claim $100,000 in injuries. I'm not denying that he got hurt.. my question is what happens to the difference of $75k? Will my insurance company fight it or will they come after me for money?

The extraneous stuff (single mother, twenty years old, etc.), aren't germane (unfortunately for you) and won't have anything to do with it.

If your liability limit is $25,000, it's actually that amount plus legal costs that you're covered for.

You are responsible for any amount over $25,000 that someone can get a judgement for. Your insurance company really won't care, they're not on the hook for it. If they succeed in getting a judgement against you, all avenues of collection are open to satisfy it, including garnishing your wages.

Good advice by Josh to raise your liability limits...it's pretty cheap. Good luck, hope it turns out OK for you!

 

[tatelaw123]

Hire an experienced and a professional injury lawyer. It will help you.

 

[xrac]

The extraneous stuff (single mother, twenty years old, etc.), aren't germane (unfortunately for you) and won't have anything to do with it...........!

The extraneous stuff is germane in that it gives the attorney representing this person no reason to seek more than what the insurance will pay.

 

[The Colonel]

Call your agent and ask for his/her advice.

 

[Milkman1265]

also look into no-fault states, they cant claim you for certain things... and they have to prove pain and suffering etc...

suing for X amount of damage doesnt necessary mean he will win X amount.

This is a good time to talk to your agent and also review your insurance coverage to make sure you're properly covered for all your assets.

 

[Dave020]

Guys, this thread is a year old and the OP hasn't been back since.