QUESTION
In an accident that is my fault, can I be sued even if I got insurance and the other driver was hurt?
Asked on Jul 26th, 2013 on Personal Injury - Louisiana
14 ANSWERS
Ronald A. Steinberg
Yes. Notify your auto insurance company about the accident, and when papers are served on you, turn them over the the insurance company for handling.
Answered on Aug 23rd, 2013 at 12:48 PM
Motor Vehicle Accidents Attorney serving Van Nuys, CA
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Law Offices of Andrew C. Sigal
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If your insurance company and the attorney representing the injured driver are unable to reach a settlement as to the value of the injured person's claim, then you will, in all probability, be sued. However, your insurance company will provide you with an attorney to represent your interests.
Answered on Jul 27th, 2013 at 10:52 AM
Motor Vehicle Accidents and Injuries Attorney serving Fayetteville, NC
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Beaver Courie Law Firm
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You can be sued. If your insurance company doesn't reach a settlement with the injured party, you may be sued.
Answered on Jul 26th, 2013 at 9:11 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Your insurance co will deal with it. Yes you can be sued. But the carrier will hire you an atty. Don't worry about it. That is what insurance is for.
Answered on Jul 26th, 2013 at 5:10 PM
Thomas Edward Gates
If your policy limits do not cover the resulting injury costs, you could be responsible for the remainder if they sue.
Answered on Jul 26th, 2013 at 4:24 PM
James Eugene Hasser
Yes. The fact you have insurance does not prevent the person hurt from suing you.
Answered on Jul 26th, 2013 at 11:20 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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The lawyer that represents the injured party will either make a pre-suit claim by sending you a retention letter which asks you to turn it in to your insurer or simply file suit against you, serve you and you would turn the suit over to your insurer. Either way, your insurance company will respond to the injured parties lawyer and either settle or defend the claim. You will not be out of pocket any money for the claims handling and defense. If a suit is filed, your insurer appoints and pays your lawyer. Your insurer will pay up to your liability limits for any settlement or verdict; however, any over-limit demand or verdict would be your responsibility to pay (subject to certain exceptions and exemptions). If the demand or verdict is over limits, you would want to hire your own counsel, for which you would pay, to see if there can either be a settlement within the liability limits or any protections/exemptions available to your obligation to pay any over-limit damages.
Answered on Jul 26th, 2013 at 10:58 AM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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Yes, because you caused the accident the injured party sues you in name, but you give it to your insurance company and they indemnify, meaning pay it on your behalf up to the amount of your insurance coverage. Where it becomes problematic is if you have a small, i.e. 15/30, 25/50, 50/100 and the injured party has a case that is worth far more than that. If you have any assets the injured party could take the case to trial and collect the insurance and if the judgment is for an amount more than your insurance he/she can than attempt to collect the difference against any real property or other assets you may own.
Answered on Jul 26th, 2013 at 10:44 AM
Monica Cecilia Castillo-Barraza
Yes. If you are sued, notify your insurance company immediately.
Answered on Jul 26th, 2013 at 10:23 AM
John Hone
The lawsuit will be filed against you personally, in Michigan. But, your insurance company will defend you and pay to your limits. If the damages exceed your limits, and there is a judgment that exceeds your limits, you would be personally responsible for that.
Answered on Jul 26th, 2013 at 10:12 AM
Medical Malpractice Attorney serving Chicago, IL
Partner at
Cogan & Power, P.C. Attorneys at Law
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Absolutely. If you are served with a summons and complaint, immediately turn over the documents in a manner in which you can prove receipt by your insurance company (certified letter, Fed Ex). Depending upon you coverage, your insurance company will assign you a lawyer and you should provide this lawyer with your complete cooperation. If the party that files suit against you claims injuries that will likely be in excess of your liability coverage, the injured party will then file a claim for arbitration against their own company assuming their underinsured coverage is greater than your liability coverage. For example, if you 20,000.00 in liability coverage and the injured party has 250,000.00 in underinsured coverage, they would have 150,000.00 in coverage available in arbitration. If, on the other hand, the claimed injuries will likely exceed your liability coverage and the injured party does not have underinsured coverage greater than your liability coverage, then your personal assets are at risk. If and when this becomes a potential reality, it is your insurance company's obligation to send you a letter advising you that your personal assets may be at risk and strongly recommending that you retain person counsel to protect your personal assets as the insurance company is only responsible to pay a judgment obtained against you at the level of your liability coverage. If this occurs, contact a reputable plaintiff's lawyer whose job it will be to put pressure on your insurance company to settle the case within your policy limits.
Answered on Jul 26th, 2013 at 10:09 AM
Arbitration & Mediation Attorney serving Ann Arbor, MI
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Blaske and Blaske PLC
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If you're asking if the other driver can sue you even though you have insurance, the answer is yes. In fact, the other driver cannot sue your insurance company in a third-party liability lawsuit; he or she must name you, individually, although if you have insurance your insurance carrier will step in to defend the case, subject to the insurance limits you bought.
Answered on Jul 26th, 2013 at 10:06 AM
Yes, you can be sued but your insurance company will handle the case and pay out up to the limits of the coverage to try to settle the case against you. The lawsuit is not against the insurance company, they merely guarantee to handle the case and pay out the money needed to resolve the matter.
Answered on Jul 26th, 2013 at 10:05 AM
Plaintiffs Personal Injury Attorney serving New Orleans, LA
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David A. Easson
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Yes, you can be sued and your insurance will responsible to pay up to the limits of your policy. the insurance company has a duty to defend you and settle within policy limits to protect you.
Answered on Jul 26th, 2013 at 10:02 AM