She hit the van 2 years ago going about 15-20 mph. The speed limit was 35 but after applying her brakes she was only going about 15-20 at impact. The lady got out and she was not angry and her milk shake was only on her dress , not the steering wheel or windshield. The roof of the van buckled. She was concerned that my daughter was ok. She was. Her husband said to his wife"maybe we can get a new van out of this". Even though the police did not hear him my daughter did and we know my daughter was at fault. Last Spring she decided to sue . We had to go see an attorney for the ins co and he said this may go to court next year if the ins. co can't settle. Don't know if her neck really got hurt or if she wants some free money. They live in a run down area in the country . Can my daughter lose any money she has saved?
2006-11-05 06:16:30 · 7 answers · asked by koalabay52 3 in Cars & Transportation ➔ Insurance & Registration
Thank you. Not saying the woman didn't get hurt, but the letter we got from her attorney, it stated, pain and suffering, ambarrasement and not being able to work, etc. Maybe it's best to have my 21 yr old daughter withdraw her life's savings ( over 7,000) and give it to me so I can put it in another bank in my name. Would this help? I'm hoping she settles with the ins co.
2006-11-05 06:41:42 · update #1
Thank you, all. The attorney that repesents the ins. company told us last June they believe she is faking it. I sure hope so.
2006-11-05 08:07:54 · update #2
It all depends on her insurance coverage. If they sue her and win a judgment greater than the insurance company will pay, then yes you better believe she sure can lose money, possibly a lot.
2006-11-05 06:46:15 · answer #1 · answered by spongeworthy_us 6 · 0⤊ 0⤋
It's not likely that she is personally exposed. Usually if the insurance company feels that they can't settle within the limits and that she has a chance of there being a judgment entered in excess of the policy limit, they will let her know because she'd need to get her own separate attorney. The defense that the insurance company provides is only up the limit of the policy. Let's not forget that if her policy limit is not enough, some people can also make claims against their underinsured motorist coverage. I would not buy trouble at this point, if the insurance company has not told you of any problem. Given how long ago this happened, if the case was still open a suit would have to be filed to keep the Statute of Limitations from expiring.
2006-11-05 08:04:54 · answer #2 · answered by Chris 5 · 1⤊ 0⤋
What they want him to signal is referred to as a Waiver of Homestead. This customarily does now not arise till the day earlier than your last while the escrow agent or legal professional so that you mainly are not able to blame it at the mrtg co. In this situation I'd urge you to get an legal professional. You maybe risk-free given that you're doing all of your due diligence and the problem isn't some thing you'll be able to manage. You would possibly free earnest cash however I doubt the vendor's might be triumphant in a lawsuit nor do I consider they would be informed by way of any legal professional to waste the money in making an attempt to sue you. Good good fortune. Get an legal professional ASAP!
2016-09-01 07:38:37 · answer #3 · answered by Anonymous · 0⤊ 0⤋
In NYS if someone sues you they first have to prove "serious injury" which would be something like a herniated disc, broken bones, or something along those lines. Soft tissue injuries have no bearing and are not compensatable injuries. (this is pretty common among all the states)
The judges generally speaking will not allow a verdict over the policy limits unless it involves gross negligence like drunk driving or something of that nature.
Insurance companies are clamping down hard on these type of lawsuits and the attorneys who bring them. They are not so quick to settle and pay out these days.
Believe me, juries can pick out the "get rich cash grabbers" pretty easily.
2006-11-05 07:45:02 · answer #4 · answered by Anonymous · 1⤊ 0⤋
99% of ALL insurance lawsuits never get to a courtroom. The lawyer will always try to settle with your daughter's insurance company even hours before trial begins. Even if it makes it before a jury and they win it would be a real longshot if they were awarded excess of policy limits. Sounds like her insurance adjusters have enough bite in this one that they are going to call their bluff and head to court. These are tactics used on both sides of the fence so don't fret. As for trying to 'hide' assets, DON'T. This is a criminal offense and she has enough on her plate as it is. Just keep cool -- insurance companies have armies of lawyers and they don't give up easy.
2006-11-05 13:08:42 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Dont get upset , you cant change the outcome by worrying. Lawyers know what they are doing , and hers will try to get every penny the insurance company will pay. The odds are so high that she will take what every the insurance pays , but yes it would be a longshot for your daughter to have to pay the extra , then your daughter filles bankruptcy. Go open a savings account in your name and put the money in it.
2006-11-05 12:26:06 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Yes...If the judgment is greater than the insurance coverage...Any "spill over" your daughter will have to pay and depending upon her age at the time, possibly you.
Example: you're covered for 100k but the judgment comes in at 130k, the insurance company pays 100k and you're on the hook for 30k.
2006-11-05 06:23:22 · answer #7 · answered by feanor 7 · 0⤊ 0⤋