John Bisnar
If you have caused a traffic collision you can be sued personally. However, the best car accident attorneys know you can't sue a negligent driver's insurance company in the normal case.
Generally traffic collision lawsuits are filed against the negligent driver. Never is a traffic collision lawsuit properly filed against the negligent driver's auto insurance company. The auto insurance company didn't do anything wrong and therefore the injured people have no claim against the negligent driver's auto insurance company. If they are going to sue, they have to sue whomever actually did something wrong.
Homeowners' insurance typically does not cover motor vehicle accidents. Even if you are being sued for something your homeowners' policy does cover, again, since your insurance company didn't do anything wrong, the injured people can not effectively sue your insurance company. There are "umbrella" provisions in some insurance polices that may cover motor vehicle accident liability.
If the injured people sue you personally, your auto insurance company is going to provide you a defense law firm to protect you. They will negotiate a resolution of the claim. If necessary, they will go to trial to defend you. Almost the only time you will have personal exposure to paying the victims anything is if a court awards them more than your insurance policy covers. Even then you have some forms of protection.
Why would someone try to go after you personally instead of settle with the insurance company? (1) They don't understand how insurance coverage works; (2) Your auto insurance company isn't willing to pay them what they are demanding for a settlement; (3) Your auto insurance coverage isn't high enough to cover the damages and the injured parties think that you have enough money to pay them from your own funds and will not file a bankruptcy to stop them; (4) The injured parties are trying to intimidate you or have something personal against you; and/or (5) They are getting no competent legal advise or really bad legal advise.
Turn this matter over to your auto insurance company. Insist on speaking to your defense attorney that they provide. Go over all your questions and your insurance policy protections with the attorney.
John Bisnar
BISNAR|CHASE, California Personal Injury Attorneys
Trusted Professionals. Proven Results.
www.BestAttorney.com
800-956-0123
Answered on May 05th, 2012 at 6:34 PM