I was in a car accident and it was my fault , i have full coverage dose the person sue me or my insurance?

Question

some people are telling me they sue the insurance but if they are asking for more then what my insurance covers they will try to take the rest of the money from me. Also, somone said if they aren't disabled or handicaped in anyway they can not sue me personaly

Answer 1

Wow, lots of misinformation there! First, if they just are making a claim to get paid, they claim that with your insurance. And yes, if the amount of their damages exceed the limits you carry you could be personally exposed.

If they can't resolve the claim and decide to sue, they must sue the person not the insurance company. The insurance then provides a defense for you per your policy.

As far as the handicapped thing goes I think maybe what that person is talking about is if you live in a state that has a "tort threshold" which means you can't recover for pain and suffering unless your injury breaches that threshold. States that have that law differ with regard to what breaches. It could be an amount of medical bills or a serious injury. Further, most of the time what constitutes a serious injury is a decision left to a finder of fact (judge or jury) and they are not precluded from suing, but they would have to prove their case. I have no clue if this even applies, but I'm taking a stab at explaining why someone would tell you that.

Answer 2

First of all not every accident results in a lawsuit. When you have an at fault accident, you need to call your agent or company and report it and they will take it from there. If there are not any injuries, the claim is pretty straightforward. If there are and the parties cannot come to an understanding, there may be a lawsuit. You would be sued because you are the owner of the car, but your insurance company would defend you and can pay up to the limit of your policy. Anybody can sue anybody - it makes no difference if they are disabled or handicapped.

Answer 3

If you gave them your insurance information, they should be dealing with your insurance company for compensation. You shouldn't have to worry unless like you mentioned, the loss is greater than your coverage. In which case, they will hire a lawyer and will decide if they want to sue you personally for the rest. It is rare this actually happens, mainly because ppl with lower liability coverages tend to not have as many assets. So the law suit would be useless, you would just file bankruptcy and they would be left with a lawyer fee.
*Also, some policies have uninsured/underinsured coverages. If they had this coverage their insurance company would pick up the remaining amount after your insurance, then their company would try to come after you.

For now, the best thing you can do is talk to your insurance agent and let your company do the fighting for you.

Answer 4

Unless you live in a no-fault state, they may sue you, but its the insurance company's obligation to defend the suit and settle the claim. In a nofault state, they cant sue you generally.
You should notify your insurance carrier immediately of the accident if you havent already, and if you receive any communication from anybody claiming against you, you should refer that to the insurance company also.

In the unlikely event there is a claim that exceeds your insurance coverage limits, you could have potential liability for that. Thats rare however. Most claims settle well below the limits of coverage.

Of course if you deliberately hit somebody, you are really screwed because then the insurance coverage doesnt apply and they dont have to defend you and you are on your own.

Answer 5

They can sue whoever they want. I can sue you. It doesn't mean I'll win.

They generally sue both insurance and the person, and the insurnace would cover up to the limit and any remainig judgement woudl go against you.

That's why high limits are a good idea and are oftne just a few bucks more per month. I upped mine from 50,000/100/50 to 100/300/100 and it only added $2 a month.

Answer 6

If they sue and win, all you need is more insurance than you are worth. If your insurance does not cover what you are worth, then that is the only way you will ever have to pay. If they sue for more than your insurance covers and win then it will be up to the insurance to pay. They will most likely sue you and the insurance company. But as stated if you have the coverage then there is no problem for you other than you may have to look for another insurance company. They may drop your coverage afterward.

Answer 7

Check your policy, if you have full coverage there will be a dollar amount that refers to exactly how much the insurance company will cover. The person you hit is covered under your liability coverage for bodily damage. Usually the amount is pretty high, like $50-100K or more, so you should be fine as long as the injured person isn't on life support for a year or something like that.

Answer 8

The other guy's insuarnce company will work it out with your insurance company.

If the total cost of your accident exceeds your policy's limits, then you will be responsible for the balance.

But if you have high limits, it would have to be a very bad accident for that to happen.

After your insurance guy gets your story, you should never hear of this again.

Having said all that, I was personally sued after my accident.
Story is that me and anotehr car were stopped - trying to make a right turn onto a road where oncoming traffic did not have to stop. She started to go, and I sdtarted to roll forward - while looking left to see oncoming traffic. When I looked straight, I saw her brake lights and slammed mine on. I hit her from behind with nothing more than a tap.

I called my insurance company and forgot about it for 3 years - the statute of limitations apparently.

She/her attorney were trying to get $56,000 out of my insurance company. They were balking - her claim was all based on her whiplash "injuries" - she didn't even submit a damage claim for any broken license plate light bulbs, etc. Apparently, after 3 years of this, to keep her case alive, her attorney filed a $56,000 law suite against me personally.
I freaked and called my insurance company.
They told me what had been going on for 3 years - with them doing all the work as a good insurance company does.
They did warn me that as unlikely as it was, if this went to trial and the trial was long and drawm out, then their attorney fees might end up exceeding my policy - and it would be up to me to pay after that.

In the end, during discovery, it was found out that this chick had the same accident 3 times in 18 months - like this was some kind of part time job for her shyster lawyer. In the end, my insurance company gave them $6,000 to go away and I paid nothing - well...I probably did pay higher insurance rates for 3 years but that part is unavoidable.

Answer 9

i could communicate with an criminal expert approximately it yet your coverage would purely conceal specific issues in spite of "finished insurance". The criminal accountability portion of your coverage is what paid for the different motor vehicle, the different portion of your finished insurance covers your vehicle. you would be able to desire to be certain precisely what the $5000 is for using fact it fairly is pssible which you would be waiting to be answerable for issues including scientific money reckoning on your coverage. Get a dec assertion out of your coverage (the paper that shows your suitable coverages) and take that with you to talk with an criminal expert. I hate sue chuffed human beings too yet its only the way the rustic and human beings are going. human beings sue mcdonalds for tens of millions using fact they spill their coffee and make it problematical for something human beings to get a heat cup.

Answer 10

Unless you were drunk or extremely negligent and the other party is on life support then no one is going to be sued. The other party can make any demand they want to but you can be pretty sure that your company will settle with them for a reasonable amount, usually below your policy limits. (you didn't crash into a Rolls Royce did you?). Just let the adjusters handle this and don't engage in conversation with the other party.