Can I be sued personally for even though I have full auto insurance coverage?

Comparatively small chance of the other driver winning, and if she wins, it won't be much. But that is why you have auto insurance coverage; get your carrier involved by sending them a copy of the complaint and demanding your carrier defends you.

This answer to your question depends on many variables and is best answered by someone who is knowledgeable about the facts of the case, such as the attorney hired by your insurance company to defend you in court.

The answer to your question depends on facts that you don't provide. The fact that the insurance company settled for property damage does not prevent a lawsuit for personal injury. You need to make sure defense of the lawsuit is tendered to your insurance carrier and cooperate with the attorney they designate to defend you.

Given that you were the arguably at-fault driver, even if you have insurance and the "injured party" attempts to resolve his/her personal injury claims with your insurance company, if they are unsuccessful then they have to file suit naming you b/c technically you are the at fault party, at least according to the arbitrator. Your insurance policy requires them to provide an attorney to defend the case and pay for it, but you are still the defendant in the suit. That is the typical procedure. The fact that suit is filed doesn't mean going to trial, b/c only 2% of all civil cases result in trial.

Normally, the insurance company will provide an attorney to defend you but if they have paid out all of your policy, you are personally responsible for any additional damages. Usually, when an insurance company pays a claim, they try to get a release indicating that the party they are paying agrees that this is payment in full and that no further action will be taken against the insurer or their insured. If the other party refuses to sign, they can proceed individually against the person at fault for any further unpaid damages caused by the accident above those for which the insurance company compensated them. The attorney your insurance company provides for you should be able to explain all of this. You should contact him/her before the court date. I hope this helps.

Yes. If you do not have enough insurance coverage.

Yes. Your insurance coverage has limits and you would be personally responsible for any judgment in excess of the insurance limits (unless you have other insurance that covers the claim).

This scenario is common. The short answer is "yes" you can be sued. Here's why: The other driver tried to settle his entire claim with your insurance company. Specifically, he tried to resolve his property damage claim (PD), his bodily injury claim (BI), and his pain & suffering claim (PS). What likely happened is your insurance company settled the PD claim, and gave a low offer on the BI and PS claim. These offers are often less than the value of medical bills. The other driver likely, chose not to accept this offer and was left with no choice but to file a lawsuit against you for BI and PD. The other side will likely be content to obtain more money from your insurance co, and not pursue your personal assets. If you want all this to go away, tell your insurance company (or the lawyer it hired) to make a reasonable settlement offer now, and avoid a year of bothersome litigation.

1. Yes, you can be sued personally for any amount above and beyond collectible insurance coverage. However it is normally the job of your insurance company to try to get the case settled within policy limits so that your personal assets are not at risk. 2. As to whether another party would ever be successful in getting a judgment against you for more than your insurance, that is not possible to predict. That's why the case needs to be settled by your insurance company ASP.

The answer to your first question is, yes, you can be sued. However, anyone can sue anyone, but WINNING may be impossible under some circumstances. In your case, the other driver isn't legally obligated to make a claim against your insurance company, but your insurer is obligated to defend you in court if he/she does sue you for personal injury damagesup to your insurance policy limits, the insurer must pay those damages. You say you have "full coverage," but that could mean many things. "Full coverage" may mean you have liability, uninsured motorist coverage, coverage for collision damage to your own vehicle, theft, etc., but the amount of the policy limits may not be enough, depending on the damages the other driver can prove in court. If the other driver has what we call minor "soft-tissue" injuries (usually strain/sprain of the neck or back) and treats with a chiropractor for a few weeks, generating a medical bill of $3,000 to $5,000, it is very unlikely that the damages will exceed even minimal coverage limits ($15,000 per person/$30,000 per accident). However, if the other driver is more seriously injured (broken bone or herniated disc, for example) and the medical bills and provable future medical bills are greater than your coverage limits, you could be responsible for any amount the other driver can obtain a judgment for, over and above your coverage limits.

It sounds like you have two questions. First: Can I be sued personally even though I have full auto insurance coverage? Second: What are the chances of the other driver winning the case? The answer to your first question is yes. The driver is typically sued personally and his/her insurance company defends the driver and will pay up to the policy limits. In cases where the award is greater than the policy limit, the driver may be personally liable for the remainder. If it was just a fender bender, I doubt the award would exceed the policy limits. Your second question is impossible to answer without knowing more facts. You should consult with your insurance company's attorney to discuss and evaluate the case. Good luck.